P. v. Smith
Defendant and appellant Rodwell H. Smith was convicted of transportation of marijuana (Health & Saf. Code, § 11360, subd. (a)[1]), and possession of marijuana for sale (§ 11359). On appeal, appointed counsel for Smith filed an opening brief in accordance with People v. Wende (1979) 25 Cal.3d 436 requesting this court to conduct an independent review of the record to determine if there are any arguable issues. On January 23, 2012, we attempted to give written notice by mail to Smith, at the two addresses for him that were reflected in the record, to advise him that his counsel had failed to find any arguable issues and that Smith had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments he wished this court to consider. Our written notices were returned to us as “not deliverable†and “unable to forward.†We contacted Smith’s counsel who advised us that he did not have an address for Smith other than the addresses we attempted to use to provide Smith with notice of the Wende proceedings. We then contacted the City of Pomona Probation Department and the Harbor Division of the Probation Department who advised us that they had an address for Smith that was outside of the State of California. We gave written notice by mail to Smith, at the address provide to us by the Probation Department, to advise him that his counsel had failed to find any arguable issues and that Smith had 10 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments he wished this court to consider. Smith did not file a responsive brief or letter. We have reviewed the record and affirm the judgment as to Smith.
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