P. v. Gabriel
A jury convicted appellant Albert Gabriel of possession of a sharp instrument while confined in a penal institution (Pen. Code, 4502, subd. (a)),[1]and found true allegations that appellant had served a prison term for a prior felony conviction within the meaning of section 667.5, subdivision (b) and had suffered two strikes.[2]The court imposed a sentence of 25 years to life on the substantive offense plus one year on the prior prison term enhancement, and ordered that term to run consecutively to the prison term appellant was serving at the time of the instant offense.
Appellants appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (Peoplev.Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this courts invitation to submit additional briefing. On November 21, 2007, this court received a letter from appellate counsel, accompanied by a petition for writ of habeas corpus (petition) prepared by appellant. In that letter, counsel requested that the petition be deemed briefing in the instant case. On December 3, 2007, this court granted the request. In his petition, appellant argues, as best we can determine, that (1) he did not commit the instant offense, and (2) he was denied his right to effective assistance of trial counsel. Court affirm.
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