Opinion
E067971
11-16-2017
THE PEOPLE, Plaintiff and Respondent, v. CARLOS GARCIA, Defendant and Appellant.
Donna L. Harris, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. RIF1604189) OPINION APPEAL from the Superior Court of Riverside County. Thomas Kelly, Judge. (Retired judge of the Santa Cruz Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Donna L. Harris, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant and appellant, Carlos Garcia, pled guilty to possession of methamphetamine for sale (count 1; Health & Saf. Code, § 11378) and possession of drug paraphernalia (count 2; Health & Saf. Code, § 11364). Defendant additionally admitted he had suffered two prior prison terms (Pen. Code, § 667.5, subd. (b)) and a prior strike conviction (Pen. Code, §§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1)). The court sentenced defendant to four years of incarceration, as indicated.
After defendant filed two notices of appeal, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case and identifying one potentially arguable issue: whether the court erred in denying defendant's request to relieve the public defender and appoint new counsel. We affirm.
In his second notice of appeal, defendant requested issuance of a certificate of probable cause, which the court denied.
I. PROCEDURAL BACKGROUND
The parties stipulated the police reports would provide the factual basis for the plea; however, the police reports are not included in the record on appeal.
On August 26, 2016, the People charged defendant by felony complaint with possession of methamphetamine for sale (count 1; Health & Saf. Code, § 11378), possession of drug paraphernalia (count 2; Health & Saf. Code, § 11364), and possession of burglary tools (count 3; Pen. Code, § 466). The People additionally alleged defendant had suffered two prior prison terms (Pen. Code, § 667.5, subd. (b)) and one prior strike conviction (Pen. Code, §§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1)).
On January 6, 2017, the court denied defendant's Marsden request after holding a hearing on the motion. On January 27, 2017, defendant made, but then withdrew, a request to represent himself.
People v. Marsden (1970) 2 Cal.3d 118. --------
On February 6, 2017, the People moved to dismiss count 3 for insufficient evidence, which the court granted. In a plea to the court, defendant pled guilty to the counts 1 and 2 offenses and admitted he had suffered two prior prison terms and a prior strike conviction. The court then sentenced defendant to the indicated, aggregate term of four years of incarceration. The court stayed imposition of the two prior prison terms.
On August 17, 2017, defendant's counsel filed a motion for correction of sentencing requesting that the court strike, rather than stay punishment on, the two prior prison term enhancements. On the same date, the court granted the request. On August 22, 2017, the court issued a corrected abstract of judgment reflecting the change.
II. DISCUSSION
We offered defendant an opportunity to file a personal supplemental brief, which he has not done. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.
III. DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
J. We concur: RAMIREZ
P. J. MILLER
J.