Opinion
E053392 Super.Ct.No. RIF1100109
10-21-2011
THE PEOPLE, Plaintiff and Respondent, v. BENNIE ANAN LOCKE, Defendant and Appellant.
Anita P. Jog, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
APPEAL from the Superior Court of Riverside County. Elaine M. Johnson, Judge. Affirmed.
Anita P. Jog, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
INTRODUCTION
On January 10, 2011, a felony complaint charged defendant and appellant Bennie Anan Locke (defendant) with one count of possessing marijuana in a California rehabilitation center under Penal Code section 4573.6. The complaint also alleged that defendant had suffered four prison priors under section 667.5, subdivision (b), and one strike prior under sections 667, subdivisions (c) and (e)(1), and 1170.12, subdivision (c)(1).
All statutory references are to the Penal Code unless otherwise specified.
On March 9, 2011, defendant pled guilty to the charged offense, and admitted the strike prior allegation. In exchange, the parties agreed that defendant would receive a sentence of four years in prison, consisting of the low term of two years, doubled because of the strike. On the same day, in accordance with the plea agreement, the remaining allegations were dismissed, and defendant was sentenced to four years.
On April 18, 2011, defendant filed a timely notice of appeal challenging the sentence or other matters occurring after the plea.
STATEMENT OF FACTS
At the hearing wherein defendant pled guilty, defendant replied "yes," when the trial court asked: "[I]s it true that on or about September 1st, 2010, in the County of Riverside, you did willfully, unlawfully and knowingly have in your possession marijuana while you were incarcerated at the California Rehabilitation Center?"
ANALYSIS
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 conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKinster
J.
We concur:
Ramirez
P.J.
Miller
J.