Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County No. RIF10003065. Elaine M. Johnson, Judge.
Gary V. Crooks, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
McKinster, J.
INTRODUCTION
On July 12, 2010, a felony complaint charged defendant and appellant Catarino Sosa (defendant) with possessing marijuana in a California rehabilitation center under Penal Code section 4573.6 (count 1), and possessing marijuana for sale under Health and Safety Code section 11359 (count 2). The complaint also alleged that defendant had suffered a prior conviction for possession of a controlled substance for sale within the meaning of Penal Code section 667.5, subdivision (b).
On September 20, 2010, a preliminary examination was held. At the conclusion of the examination, defendant was bound over on the charges.
On September 23, 2010, an information charged defendant with the same counts as the complaint. The information, however, alleged that defendant suffered two prior offenses: (1) possession of controlled substances under Health and Safety Code section 11378 in 2003; and (2) import/transport/sale of controlled substances under Health and Safety Code section 11379 in 2006.
On January 4, 2011, defendant withdrew his plea of not guilty, waived his rights, and pled guilty to violating Penal Code section 4573.6 (possessing marijuana in a California rehabilitation center—count 1) pursuant to a plea agreement. In exchange, defendant’s sentence was designated at three years consecutive to his current term. On January 18, 2011, defendant was sentenced to three years in prison, consecutive to his current term.
On March 3, 2011, defendant filed a timely notice of appeal. Defendant also requested a certificate of probable cause. The trial court granted defendant’s request.
The statement of facts is taken from the preliminary examination transcript since defendant pled guilty.
On April 3, 2010, correctional officer Gary Moeller conducted a random search in Dorm 314 where defendant was housed. Fifty inmates reside in that dorm. Each room in the dorm houses two inmates. Officer Moeller conducted a search of Dorm 314, 6 upper and lower. In the upper bed, the officer found 116.7 grams of marijuana, a cell phone, and a charger. The contraband was found in four bindles of latex gloves hidden inside a pillow. The substance tested positive for marijuana. The amount of marijuana was useable.
The officer asked defendant which bed was his. Defendant answered his was the upper bed. The officer searched defendant personally but found nothing on him.
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.
We concur: Ramirez, P.J., Miller, J.