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P. v. Smith

P. v. Smith
07:09:2008



P. v. Smith



Filed 5/7/08 P. v. Smith CA2/6



NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND APPELLATE DISTRICT



DIVISION SIX



THE PEOPLE,



Plaintiff and Respondent,



v.



DESTIN SMITH,



Defendant and Appellant.



2d Crim. No. B203147



(Super. Ct. No. NA074229)



(Los Angeles County)



Destin Smith appeals a judgment of conviction entered after he expressly waived his constitutional rights and pleaded nolo contendere to possession of cocaine base for sale, with an admission that he suffered a prior serious felony conviction alleged for recidivist sentencing. (Health & Saf. Code, 11351.5; Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) The trial court sentenced Smith to a low term of three years, which it then doubled, for a total prison term of six years. The trial court also imposed a $200 restitution a $200 parole revocation restitution fine, a $20 security fee, and a $50 laboratory fee. It awarded Smith 62 days of presentence custody credits.



We appointed counsel to represent Smith in this appeal. After counsel's examination of the record, he filed an opening brief raising no issues.



On March 11, 2008, we advised Smith that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response from him.



We have reviewed the entire record and are satisfied that Smith's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)



The judgment is affirmed.



NOT TO BE PUBLISHED.



GILBERT, P.J.



We concur:



YEGAN, J.



PERREN, J.




Richard R. Romero, Judge



Superior Court County of Los Angeles



______________________________



Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.



No appearance for Plaintiff and Respondent.



Publication Courtesy of California lawyer directory.



Analysis and review provided by Escondido Property line Lawyers.



San Diego Case Information provided by www.fearnotlaw.com





Description Destin Smith appeals a judgment of conviction entered after he expressly waived his constitutional rights and pleaded nolo contendere to possession of cocaine base for sale, with an admission that he suffered a prior serious felony conviction alleged for recidivist sentencing. (Health & Saf. Code, 11351.5; Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) The trial court sentenced Smith to a low term of three years, which it then doubled, for a total prison term of six years. The trial court also imposed a $200 restitution a $200 parole revocation restitution fine, a $20 security fee, and a $50 laboratory fee. It awarded Smith 62 days of presentence custody credits. The judgment is affirmed.


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