P. v. Kirk
Pursuant to a plea agreement, defendant pleaded guilty to possession of a controlled substance, methamphetamine (Health & Saf. Code, 11377, subd. (a)) and admitted that he had sustained two prior prison terms (Pen. Code, 667.5, subd. (b)) and purportedly a prior strike conviction (Pen. Code, 667, subd. (c)(e)(1), 1170.12, subd. (c)(1)). In return, the remaining allegation was dismissed, and defendant was promised a sentencing lid of four years. Following a sentencing hearing, defendant was sentenced to a total term of four years in state prison: the midterm of two years doubled to four due to the prior strike allegation.Defendant appealed, and his appointed appellate counsel filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting that this court undertake a review of the entire record. The judgment is reversed and the matter is remanded for further proceedings consistent with this opinion.
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