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People v. Griffin

California Court of Appeals, Third District, Sacramento
Nov 8, 2010
No. C064847 (Cal. Ct. App. Nov. 8, 2010)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. DAVID SAMUEL GRIFFIN, Defendant and Appellant. C064847 California Court of Appeal, Third District, Sacramento November 8, 2010

NOT TO BE PUBLISHED

Super. Ct. No. 10F00653.

MAURO, J.

Appointed counsel for defendant David Samuel Griffin asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We find no arguable error and no concerns regarding presentence credits. We will affirm the judgment.

I

While defendant was a prisoner at California State Prison, Sacramento, some heroin fell out of his pants pocket. Officers recovered the heroin and told defendant he would be subject to a strip search. Defendant then produced a piece of plastic sharpened to a point.

Defendant pled no contest to possession of a weapon by a state prisoner (Pen. Code, § 4502, subd. (a)) and possession of heroin in a state prison (Pen. Code, § 4573.6). The court imposed a two-year term, to be served consecutively to the term he was already serving, and ordered various fines and fees.

Defendant appeals. He has not obtained a certificate of probable cause.

II

Appointed counsel filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.

Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: BLEASE, Acting P. J., NICHOLSON, J.


Summaries of

People v. Griffin

California Court of Appeals, Third District, Sacramento
Nov 8, 2010
No. C064847 (Cal. Ct. App. Nov. 8, 2010)
Case details for

People v. Griffin

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. DAVID SAMUEL GRIFFIN, Defendant…

Court:California Court of Appeals, Third District, Sacramento

Date published: Nov 8, 2010

Citations

No. C064847 (Cal. Ct. App. Nov. 8, 2010)