Fear Not Law CA Unpub Decisions

P. v. Anderson CA4/2

Filed 10/16/26 P. v. Anderson CA4/2
CA Unpub Decisions

Filed 10/16/26 P. v. Anderson CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,
E087093
Plaintiff and Respondent,
(Super.Ct.No. RIF2204714)
v.
OPINION
LEWIS ANDERSON,

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Patricia Murphy, Judge.

Affirmed.

Lewis Anderson in pro.per.; and Law Office of Patrick Dudley and Patrick

Dudley, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

1
In 2023 Lewis Anderson was convicted of several felonies and admitted to

multiple aggravating factors. On appeal, we reversed, finding his admission to six of the

seven aggravating factors was not knowing and intelligent. On remand, the trial court

resentenced Anderson using only the remaining aggravating factor. Anderson appealed

again. His attorney filed a brief under the authority of People v. Wende (1979) 25 Cal.3d

436 and Anders v. California (1967) 386 U.S. 738 asking us to perform an independent

review of the record. We affirm.

BACKGROUND

In 2023 a jury convicted Anderson of assault with a deadly weapon and

misdemeanor battery of an intimate partner.{CT 11-12, 16} The trial court sentenced

him to the upper term of four years for the assault, doubled due to a prior strike

conviction, with an additional five-year enhancement for a serious felony prior, and a

consecutive sentence of one year for the battery, for a total aggregate term of

14 years.{RT 12-13} In 2025 we vacated his sentence and remanded, holding that his

admission to six of seven aggravating factors was not voluntary, knowing and intelligent.

(See People v. Anderson (Feb. 19, 2025, E081601) [nonpub. opn.] (Anderson).) Our

decision did not affect the remaining admission—admitting to a prior conviction for

which he spent time in prison. (Id. at p. *2.)

On remand the prosecution declined to retry the aggravating factors and proceeded

directly to resentencing.{RT 25-26} Before resentencing, the court struck one of

Anderson’s prior strikes, leaving one remaining.{RT 27-28} The court then sentenced

2
Anderson to the upper term of four years for the assault conviction, doubled due to the

prior strike, plus a five-year enhancement for a serious felony prior, and a concurrent

sentence of 364 days in county jail for the misdemeanor conviction, for an aggregate term

of 13 years.{RT 27-29; CT 52-53}

DISCUSSION

We appointed counsel to represent Anderson on appeal, and counsel filed a brief

setting forth a statement of the case and a summary of the facts and asking us to conduct

an independent review of the record. Counsel’s brief identified three possible issues,

none of which we find meritorious. We offered Anderson an opportunity to file a

personal supplemental brief, and he did so.

Anderson’s brief, styled as a complaint, argues a wide-ranging number of “causes

of action” against parties including the warden of his current prison, the prison librarian,

counsel for his prison, the people of the state of California, and “does 1 through

3.”{Supp. Brief at pp. 2-4} Anderson complains that he was not permitted to confront

the witnesses against him as required under the Sixth Amendment{Supp. Brief at pp. 5-

6}, that he was not afforded the equal protection of the laws{Supp. Brief pp. 7-8}, that

the United States Supreme Court erred by denying his writ of certiorari{Supp. Brief at

pp. 14-15}, that prison officials interfered with his ability to seek rehearing on this

denial{Supp. Brief at pp. 21-24}, that the prosecution against him was vindictive{Supp.

Brief at p.15} and that the trial court erred by admitting evidence of Anderson’s prior

conviction.{Supp. Brief at p. 8-9, 14-15, 23}

3
Most of Anderson’s claims are too conclusory for us to be able to meaningfully

address (e.g. his generic claims regarding his constitutional rights), not properly before us

(e.g. his claims against prison officials and the United States Supreme Court), and/or

concern alleged errors in his trial rather than in his resentencing, and therefore should

have been raised in his first direct appeal if at all (e.g., claims about vindictive

prosecution or confrontation clause issues). Anderson’s claims about the admission of

his prior conviction for domestic violence at trial have already been considered and

rejected in his first appeal. (People v. Anderson, supra, E081601.)

Having independently reviewed the record for potential error and finding no

arguable error that would result in a disposition more favorable to Anderson, we affirm

the trial court.

DISPOSITION

We affirm the judgment.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAPHAEL
J.
We concur:

CODRINGTON
Acting P. J.

MENETREZ
J.

4

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