P. v. Kerper
It was alleged in an information filed June 23, 2010, that appellant, Gary Lee Kerper, committed possession of methamphetamine for purposes of sale (Health & Saf. Code, § 11378;[1] count 1), a felony, and possession of drug paraphernalia (§ 11364; count 2), a misdemeanor. A jury convicted appellant on count 1 and acquitted him on count 2. In the midst of the trial, appellant moved to dismiss the charges on grounds of the prosecution’s failure to preserve exculpatory evidence. The court denied the motion. In a separate proceeding, the court found true an enhancement allegation that appellant had suffered a prior section 11378 conviction (§ 11370.2, subd. (c)). The court imposed a prison sentence of four years four months, consisting of 16 months on the substantive offense and three years on the enhancement.
Appellant’s 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. (People v. Wende (1979) 25 Cal.3d 436.) Appellant, apparently in response to this court’s invitation to submit additional briefing, has submitted a brief in which he argues, as best we can determine, as follows: The court erred in denying appellant’s motion to dismiss the charges; the prosecutor committed misconduct by misstating the evidence during closing argument; appellant was denied his right to the effective assistance of counsel; the court committed instructional error; and the evidence was insufficient to support his conviction. We affirm.
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