Opinion
D059138 Super. Ct. No. SCD218775
10-31-2011
THE PEOPLE, Plaintiff and Respondent, v. MARCOS MOORE, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
APPEAL from a judgment of the Superior Court of San Diego County, Robert J. Trentacosta, Judge. Affirmed.
Marcos Moore unlawfully sold a small but usable amount of marijuana. In May 2009 he entered a negotiated guilty plea to selling marijuana (Health & Saf. Code, § 11360, subd. (a)). In June, pursuant to stipulation, the court suspended execution of a two-year lower term prison sentence and placed Moore on probation for three years. In 2010, at Moore's request, the court terminated probation and executed the prison sentence. In February 2011 Moore filed a notice of appeal. In April the court recalled the prison sentence and reinstated probation.
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738.
We granted Moore permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to Wende and Anders has disclosed no reasonably arguable appellate issues. Moore has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
BENKE, J.
WE CONCUR:
McCONNELL, P. J.
O'ROURKE, J.