Opinion
E081778
02-13-2024
THE PEOPLE, Plaintiff and Respondent, v. GARDINER BOSEY SMITH III, Defendant and Appellant.
Jo Pastore, under appointment by the Court of Appeal, for Defendant and Appellant.
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County Super. Ct. No. RIF2300627 Gary Polk, Judge. Affirmed.
Jo Pastore, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RAPHAEL J.
In 2023, Gardiner Bosey Smith pled guilty to assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)) and admitted that he personally inflicted great bodily injury (Pen. Code, § 12022.7, subd. (a)). Per a plea agreement, the court sentenced him to three years formal probation and 140 days of custody, but awarded him credit for 140 days of time-served. Smith appealed, and in the notice of appeal indicated he was appealing "sentencing, falsifying information." Smith did not obtain a certificate of probable cause.
We appointed counsel to represent Smith on appeal, and 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 and a summary of the facts and asking us to conduct an independent review of the record. Counsel's brief did not raise any issues for our consideration. We offered Smith an opportunity to file a personal supplemental brief, and he has not done so.
We have independently reviewed the record for potential error as required by People v. Kelly (2006) 40 Cal.4th 106 and find no arguable error that would result in a disposition more favorable to Smith.
DISPOSITION
We affirm the judgment.
We concur: RAMIREZ P. J. McKINSTER J.