Opinion
F055966.
6-25-2009
THE PEOPLE, Plaintiff and Respondent, v. CARLA JACKSON, Defendant and Appellant.
Tutti Hacking, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Not to be Published in Official Reports
OPINION
THE COURT
Before Levy, Acting P.J., Cornell, J., and Gomes, J.
Appellant, Carla Jackson, lived with her son, Anthony, who was on parole. On November 29, 2007, at approximately 12:32 a.m. police officers contacted Anthony and conducted a parole search at appellants home. During the search, the officers found a small amount of marijuana and a crack pipe on a coffee table next to where appellant was sitting. As police were questioning appellant, she reached into her pocket, pulled out another crack pipe and held it behind her back. The officers retrieved the second crack pipe from appellant and asked her whether she had anything else. Appellant replied that she did and during a search of her person the officers found a metal container with 3.6 grams of cocaine in appellants sweatshirt pocket.
On December 11, 2007, the district attorney filed a complaint charging appellant with possession of cocaine (count 1/Health & Saf. Code, § 11350, subd. (a)), possession of a smoking device (count 2/Health & Saf. Code, § 11364), and four prior prison term enhancements (Pen. Code, § 667.5, subd. (b)). The complaint also alleged appellant had two prior convictions within the meaning of the three strikes law (Pen. Code, § 667, subds. (b)-(i)).
On June 24, 2008, appellant pled guilty to count 1 and admitted the four prior prison term enhancements and the three strikes law allegations in exchange for a lid of seven years, the dismissal of count 2 and an unrelated case, and an indication by the court that it would dismiss the two prior strike convictions.
On July 29, 2008, the court dismissed the three strikes law allegations and the prior prison term enhancements and sentenced appellant to the aggravated term of three years on her possession of cocaine conviction.
Appellants appointed appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this courts invitation to submit additional briefing. However, our review of the record disclosed that the trial court did not memorialize in the clerks minutes the reasons for dismissing the prior prison term enhancements as required by Penal Code section 1385, subdivision (a) and we will remand the matter to the trial court for this purpose.
Penal Code section 1385, subdivision (a), in pertinent part, provides: "The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal must be set forth in an order entered upon the minutes. ..." (Italics added.)
Further, following independent review of the record we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The matter is remanded to the trial court for proceedings consistent with the views expressed herein. In all other respects, the judgment is affirmed.