NOT TO BE PUBLISHED IN OFFICIAL REPORTS
This is an appeal from an order denying Jonathan A. Maihart's petition under Proposition 47 (Pen. Code,
Maihart entered into a plea agreement in November 2015. Under the agreement Maihart pleaded guilty to making a counterfeit access card (§ 484f, subd. (a)),
In January 2017, Maihart filed a petition to recall the judgment and to resentence the section 484f, subdivision (a) count. The court denied the petition because convictions under section 484f, subdivision (a) are not eligible for relief under Proposition 47. Maihart filed a timely notice of appeal from the denial of his petition.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating she has not been able to identify any arguable issue for reversal on appeal. We offered Maihart the opportunity to file his own brief on appeal, but he has not responded.
As we have noted, appellate counsel has filed a brief pursuant to Wende, supra, 25 Cal.3d 436. Counsel asks this court to review the record for error as mandated by Wende. Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified a possible, but not arguable issue:
Whether the trial court erred in finding Maihart's conviction under section 484f, subdivision (a) was ineligible for resentencing under section 1170.18.
We have reviewed the entire record as mandated by Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Maihart on this appeal.
The order denying the petition for resentencing under section 1170.18 is affirmed.
McCONNELL, P. J. and IRION, J., concurs.