Opinion
B164692.
10-30-2003
THE PEOPLE, Plaintiff and Respondent, v. KEVIN GREEN, Defendant and Appellant.
THE COURT:
Kevin Green appeals from the order granting probation entered following a jury trial that resulted in his conviction of possessing marijuana for sale. (Health & Saf. Code, § 11359.) He was granted probation on condition, inter alia, that he spend 180 days in the county jail. We appointed counsel to represent him on this appeal.
After examination of the record, counsel filed an "Opening Brief" in which no issues were raised.
On June 19, 2003, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider.
On July 21, 2003, appellant filed a typewritten "Opening Brief" in this court in which he challenges the sufficiency of the evidence of his intent to sell the marijuana and asks the court to reduce his conviction to simple possession. The grounds for the request are that he is a victim of a conspiracy to destroy his business, the two suspects the police followed into the business planted some of the marijuana and baggies, and that he was using the 68.5 grams of marijuana the officers found in his safe as it was beneficial for the spasms he suffers as a paraplegic. We reject the contention as it is nothing more than an effort to have the court second-guess the jurys findings of fact, something an appellate court cannot do. (People v. Culver (1973) 10 Cal.3d 542, 548.) Further, his contention is based largely upon matters outside the record. (People v. Brawley (1969) 1 Cal.3d 277, 294-295.)
We have examined the entire record and are satisfied that appellants attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment (order granting probation) is affirmed. --------------- Notes: BOREN, P.J., DOI TODD, J., and ASHMANN-GERST, J.