P. v. Jackson
In April 2012 defendant Daniel Jackson entered a guilty plea to petty theft with a prior in exchange for a stipulated sentence of two years to be served locally. A prior grant of probation was revoked. In May 2012 Jackson filed a motion to withdraw his guilty plea. In June 2012 the court noted that it had read the motion, but stated it "takes no action at this time."
In July 2012 Jackson filed a motion seeking to modify his sentence due to his "terminal illness and need for adequate medical care." He requested probation with home arrest and GPS monitoring. He had been diagnosed with HIV and hepatitis C. In August 2012 the court found that there had been a stipulated sentence pursuant to a plea bargain so it did not have "discretion to recall or modify the sentence" and took "no action at this time."
Jackson filed a timely notice of appeal and asks us to examine the record and determine if there are any issues deserving of further briefing. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We have done so, find none, and hence affirm the judgment.
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