Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Kings County No. 08CM7529, James T. Laporte, Judge.
Linda J. Zachritz, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Gomes, Acting P.J., Dawson, J. and Hill, J.
Appellant, Erik Levi Jarquin was an inmate at Corcoran State Prison. On August 12, 2008, a correctional officer conducting random patsearches stopped Jarquin and searched him. The officer felt a lump on one of Jarquin socks and retrieved a razor with a plastic handle and an “inmate kite.”
On October 1, 2008, the district attorney filed a complaint charging Jarquin with possession of a sharp instrument by a prison inmate (Pen. Code, § 4502, subd. (a), count 1) and manufacturing a sharp instrument while a prison inmate (Pen. Code, § 4502, subd. (b), count 2). The complaint also alleged that Jarquin had a prior conviction within the meaning of the three strikes law. (Pen. Code, § 667, subds. (b)-(i).)
On November 6, 2008, Jarquin pled no contest to count 2 and admitted the three strikes law allegations in exchange for the dismissal of the remaining count and a stipulated 32-month term, the mitigated term of 16 months doubled to 32 months because of Jarquin’s prior strike conviction. After Jarquin waived time for sentencing and a probation report, the court imposed the stipulated sentence.
Jarquin’s 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.) Jarquin has not responded to this court’s invitation to submit additional briefing.
Following independent review of the record we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.