Opinion
E069239
03-15-2018
THE PEOPLE, Plaintiff and Respondent, v. LARRY L. JUDGE, Defendant and Appellant.
John L. Staley, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. 16CR059035) OPINION APPEAL from the Superior Court of San Bernardino County. Richard V. Peel, Judge. Affirmed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
FACTUAL AND PROCEDURAL HISTORY
A. PROCEDURAL BACKGROUND
On October 27, 2017, a complaint charged defendant and appellant Larry L. Judge with possession of methamphetamine for sale under Health and Safety Code section 11378 (count 1), and transportation for sale under Health and Safety Code section 11379, subdivision (a). The complaint also alleged that defendant was previously convicted of two prior strike convictions within the meaning of Penal Code section 667, subdivisions (b) through (i), and served a prior term within the meaning of Penal Code section 667.5, subdivision (b).
On June 26, 2017, defendant waived his right to counsel. At the hearing wherein he waived counsel, the trial court told defendant: "You are limited in your ability to access materials. You have to make certain requests, if you would like an investigator, things like that, and there's not much, if anything, the Court can do to help other than make those opportunities available to you." Defendant responded, "Yes." The court went on to state, "So you have more restrictions by the nature—unless you bail out—by the nature of your custody status. You understand?" Defendant again responded, "Yes." Defendant then stated that he had legal training because he attended law school, although he did not graduate. Defendant also stated that he had represented himself previously on numerous occasions.
On September 1, 2017, defendant pled no contest to count 1. The trial court sentenced defendant to 16 months in state prison, and awarded him a total of 164 days credit (82 days of actual custody credit & 82 days of conduct credit).
On September 29, 2017, defendant filed a timely notice of appeal.
B. FACTUAL BACKGROUND
At the hearing wherein defendant pled no contest, he agreed that he possessed methamphetamine for the purpose of sale on or around May 4, 2016.
DISCUSSION
After defendant appealed, and upon his request, 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, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. 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 error.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER
J. We concur: McKINSTER
Acting P. J. SLOUGH
J.