Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County Super. Ct. No. BA315130, Michael A. Tynan, Judge. Affirmed.
Ronald Gachis, in pro. per., and David L. Polsky, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
VOGEL, Acting P.J.
Ronald Gachis was standing on a Hollywood street when a passing police officer inquired about a bag of potato chips Gachis was holding, then asked Gachis to put the bag on the ground. Ultimately, the officer looked in the bag, found methamphetamine, and arrested Gachis, who was then charged with one count of possessing the drug (Health & Saf. Code, § 11377, subd. (a), with allegations that he had suffered three prior strikes and served five prior prison terms (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b)). After being fully advised of his rights and the consequences of a bargain reached by trial counsel and the prosecutor, Gachis waived his constitutional rights, pled guilty to the drug count, and admitted one prior strike. He was sentenced to state prison for a term of 32 months (16 months for the drug count, doubled for the strike).
Gachis filed a notice of appeal and we appointed counsel to represent him. On September 10, 2007, Gachis’s lawyer filed an opening brief in which no issues were raised and asked us to independently review the record. (People v. Wende (1979) 25 Cal.3d 436; People v. Kelly (2006) 40 Cal.4th 106.) On September 11, we notified Gachis that he had 30 days within which to submit any issues he wanted us to consider. On October 18, Gachis sent us a letter with four lines: “Proceed Court of Appeal jurisdictional, Constitutional Grounds. [¶] Proceeds with caution. [¶] 50501. [¶] early kickout.” These phrases do not raise cognizable issues.
We have independently reviewed the record and are satisfied that Gachis’s appellate counsel fulfilled his duty, and that no arguable issues exist.
The judgment is affirmed.
We concur: ROTHSCHILD, J., JACKSON, J.
Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.