Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County No. SWF027855. Carol D. Codrington, Judge. Affirmed.
John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
RAMIREZ P. J.
Defendant and appellant Kit Leland Kunath appeals following a guilty plea to one count of possession of methamphetamine in violation of Health and Safety Code section 11377, subdivision (a). We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
The vehicle defendant was driving was stopped by a police officer when it failed to stop at a stop sign. Defendant was detained and taken to the police station because he appeared to be under the influence of a central nervous system stimulant. The officer then requested a “K-9 unit” to conduct a sniff of the vehicle. The canine alerted for controlled substances inside the vehicle, and a search revealed four bags of methamphetamine.
Defendant was charged with possession of methamphetamine for sale (Health & Saf. Code, § 11378) (count 1) and being under the influence of a controlled substance (Health & Saf. Code, § 11550, subdivision (a)) (count 2). As to Count 1, it was further alleged defendant had a prior conviction within the meaning of Health and Safety Code section 11370.2, subdivision (c). One prior prison term within the meaning of Penal Code section 667.5, subdivision (b), was also alleged based on an April 5, 2007 conviction for petty theft with a prior. (Pen. Code, §§ 484, 666.)
As a result of plea negotiations, the prosecution moved to amend the complaint to add count 3, possession of methamphetamine. (Health & Saf. Code, § 11377, subd. (a).) Defendant then pled guilty to count 3 and admitted the prior offense. The court dismissed all remaining counts and allegations under Penal Code section 1385.
In the plea agreement, defendant agreed to a total of four years in state prison, composed of a three-year term on count 3, plus a one-year term for the prior prison term. The court’s minutes for the sentencing hearing on March 12, 2009, and the original abstract of judgment filed April 1, 2009, both indicate defendant was sentenced in accordance with the plea agreement. However, the transcript for the sentencing hearing on March 12, 2009, states as follows: “You will receive three years in state prison on this matter. The time is to run concurrent with any time to be served in any penal institution....”
On May 5, 2009, defendant filed a notice of appeal challenging the validity of the plea and conviction. He requested a certificate of probable cause pursuant to Penal Code section 1237.5, claiming he did not receive effective assistance of counsel and did not knowingly or intelligently waive his constitutional rights. The trial court granted the request on May 6, 2009.
On August 18, 2009, the trial court filed an amended abstract of judgment reducing defendant’s sentence to a total of three years in state prison, which includes a two-year term on count 3, plus one year for the prior prison term. Although the reason is not specifically shown in the record on appeal, it appears the court processed this reduction of the sentence to reflect the term shown in the transcript.
DISCUSSION
On June 10, 2009, we appointed counsel to represent defendant on appeal. Appointed counsel on appeal has filed a brief under People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth the facts and procedural history, raising no specific issues, and requesting this court to conduct an independent review of the record. On August 14, 2009, we offered defendant an opportunity to file a personal supplemental brief, which he failed to do. We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
We concur: GAUT J., KING J.