Opinion
F081199
11-23-2021
THE PEOPLE, Plaintiff and Respondent, v. LUIS FRANCISCO ABRAMS, JR., Defendant and Appellant.
Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED
APPEAL from an order of the Superior Court of Fresno County. No. CF02670804 Gary R. Orozco, Judge.
Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
OPINION
THE COURT [*]
STATEMENT OF APPEALABILITY
This appeal is from an order denying an application for reduction of a felony conviction pursuant to Proposition 47 (Pen. Code, § 1170.18) and is authorized by Penal Code section 1237 and California Rules of Court, rule 8.304. (See People v. Rivera (2015) 233 Cal.App.4th 1085, 1097.)
STATEMENT OF THE CASE
On July 25, 2002, appellant Luis Francisco Abrams, Jr. pled guilty to a felony charge of Health and Safety Code section 11378. On February 10, 2020, Abrams filed an application seeking to reduce the conviction from a felony to a misdemeanor, pursuant to Penal Code section 1170.18. On March 9, 2020, the trial court denied Abrams's petition. The court denied relief on the basis that a violation of Health and Safety Code section 11378 is a felony which is not eligible for relief under Penal Code section 1170.18. On May 19, 2020, Abrams filed a notice of appeal from the trial court's March 9, 2020 order.
STATEMENT OF FACTS
The underlying facts are not relevant to the issues on appeal and are therefore omitted.
APPELLATE COURT REVIEW
Abrams's appointed appellate counsel has filed an opening brief that summarizes the pertinent facts, raises no issues, and requests this court to review the record independently. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating Abrams was advised he could file his own brief with this court. By letter on September 2, 2020, we invited Abrams to submit additional briefing. To date, he has not done so.
Having undertaken an examination of the entire record, we find no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to Abrams.
DISPOSITION
The trial court's March 9, 2020, order is affirmed.
[*] Before Levy, Acting P. J., Meehan, J. and Snauffer, J.