P. v. Rodriguez
On February 23, 2007, the prosecutor filed an information charging appellant, Mark Anthony Rodriguez, with felony possession for sale of a controlled substance (Health & Saf. Code, 11378, count one)[1], misdemeanor possession of 28.5 grams, or less, of marijuana ( 11357, subd. (b), count two), giving false information to a peace officer (Pen. Code, 148.9, subd. (a), count three), and public intoxication (Pen. Code, 647, subd. (f), count four). The information alleged three prior prison term enhancements (Pen. Code, 667.5, subd. (b)), two prior drug conviction enhancements pursuant to section 11370.2, subdivision (a), and one prior drug conviction enhancement pursuant to section 11370.2, subdivision (b). Rodriguezs appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that Rodriguez was advised he could file his own brief with this court. By letter on May 28, 2008, we invited Rodriguez to submit additional briefing. To date, he has not done so.
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