P. v.
Filed 8/7/13 P. v. Como CA4/1
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COURT
OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION
ONE
STATE
OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
v.
JEFFREY COMO,
Defendant and Appellant.
D062702
(Super. Ct.
Nos. SCD183138,
SCD198455)
APPEAL from
a judgment of the Superior Court
of
County, David M. Szumowski and Michael T. Smyth, Judges. Affirmed.
John L.
Staley, under appointment by the Court of Appeal, for Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
Jeffrey J.
Como appeals a judgment following his convictions of selling or furnishing a
controlled substance, namely cocaine base (Health & Saf. Code,
§ 11352, subd. (a)),
name="_ftnref1" title="">[1]
and carrying a concealed weapon
(former Pen. Code, § 12020, subd. (a)).
FACTUAL AND PROCEDURAL
BACKGROUND
In 2004, Como
was convicted of one count of carrying a concealed weapon (former Pen. Code,
§ 12020, subd. (a)) in San Diego
County Superior Court
Case No. SCD183138 (Case B). The
trial court granted him probation for three years.
In 2006, Como
handed cocaine base to codefendant Jimmy who, in turn, sold it to an undercover
police officer. In San
Diego County Superior Court Case No. SCD198455
(Case A), a complaint charged Como
with selling or furnishing a controlled substance, namely cocaine base
(§ 11352, subd. (a)), and also alleged he: (1) sold it within the meaning
of Penal Code section 1203.073, subdivision (b)(7); (2) had various Health and
Safety Code convictions within the meanings of sections 11370.2, subdivision
(a), 11370, subdivision (a), and Penal Code section 1203.07, subdivision
(a)(11); and (3) had two prior prison terms within the meaning of Penal Code
section 667.5, subdivision (b). Como's
probation in Case B was revoked.
Following
trial in Case A, the jury found Como guilty of the charged offense and found
true the allegation he sold cocaine base within the meaning of Penal Code
section 1203.073, subdivision (b)(7). Como
admitted the truth of the other allegations in the complaint.
At his
December 19, 2006, sentencing, the trial court sentenced Como to the lower term
of three years for his Case A conviction and imposed a consecutive three-year
enhancement for one of the section 11370.2, subdivision (a), allegations, for a
total term of six years in prison. The
court sentenced Como to a
concurrent two-year term for his Case B conviction. The court then suspended proceedings under
Welfare and Institutions Code section 3151 and referred Como
for treatment at the California Rehabilitation Center (CRC).
On April 30, 2012, the trial court
vacated Como's CRC commitment. On August 13, the court reinstated
B. On August 20, the court sentenced Como
in Cases A and B to the same terms it imposed in 2006. In Case A, it awarded him 1,619 days of
actual custody credits and 272 days of conduct credits, for a total of 1,891
custody credits. In Case B, it awarded
him 1,712 days of actual custody credits and 265 days of conduct credits, for a
total of 1,977 custody credits. Como
timely filed a notice of appeal challenging the judgments in Case A and Case B.
DISCUSSION
Como's
appointed counsel has filed a brief summarizing the facts and proceedings
below. Counsel presents no argument for
reversal of the judgment, but asks this court to review the record for error as
mandated by
and Anders v. California (1967) 386
U.S. 738. Counsel has not identified any
possible issues for our review.
We granted Como
permission to file a supplemental brief on his own behalf, but he has not
responded. A review of the record
pursuant to People v. Wende,
reasonably arguable appellate issues. Como
has been competently represented by counsel on this appeal.
DISPOSITION
The
judgment is affirmed.
McDONALD, J.
WE CONCUR:
HALLER, Acting P. J.
McINTYRE, J.
name="_ftn1" title="">[1] All statutory references are to the Health and Safety Code
unless otherwise specified.
