P. v. Taylor
Counsel appointed for defendant Darwin B. Taylor has asked this court to independently examine the record in accordance with People v. Wende (1979) 25 Cal.3d 436, to determine if there are any arguable issues that require briefing. Defendant was apprised of his right to file a supplemental brief, which he did on September 19, 2007. Defendant asserts two errors: (1) that his defense counsel provided ineffective assistance by failing to file a Romero motion; and (2) that the trial court violated his right to due process by enhancing his sentence pursuant to Penal Code section 1170.12, subdivision (c)(1) without a jury finding as required by Cunningham v. California (2007) U.S. [127 S.Ct. 856] (Cunningham). Court conclude that defendants arguments are without merit. Court have also reviewed the entire record and conclude there are no other arguable issues. Accordingly, Court affirm.
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