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P. v. Carter

The record contains no discussion of the underlying factual circumstances of appellant Jerome Carter’s conviction. A felony complaint charged appellant with possession of a firearm by a felon. (Pen. Code, § 29800, subd. (a)(1).[1]) Five prior felony convictions were also alleged as prior prison terms. (§ 667.5, subd. (b).)
Appellant waived his preliminary hearing and trial rights and pleaded no contest to the gun possession charge. He was sentenced to the mid-term of two years in state prison. The court imposed the requisite fines and fees and awarded presentence credits.
Appellant filed a notice of appeal from the sentence and post-plea matters. The trial court denied appellant’s request for a certificate of probable cause, and the appeal was dismissed as inoperative. This appeal lies only to the extent appellant is able to demonstrate sentencing or other post-plea errors which do not impact the validity of his plea. (§ 1237.5; Cal. Rules of Court, rule 8.304(a)(1), (b)(4)(B).)
We appointed counsel to represent appellant on appeal. After examination of the record, appellant’s counsel filed an opening brief raising no issues, and asking us to independently review the record. On October 29, 2012, we advised appellant he had 30 days within which to personally submit, by brief or letter, any contentions or argument he wished us to consider. At appellant’s request, we extended that deadline to December 26, 2012.

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