P. v. Smith
On May 4, 2011, appellant, Willie Smith, pled no contest to possession of a firearm by a felon (former Pen. Code, § 12021, subd. (a)(1)[1] (now § 29800, subd. (a)(1); Stats. 2010, ch. 711, § 6)) and admitted a “strike†allegation, after the court stated an indicated sentence of 32 months.[2] On June 3, 2011, appellant requested that the court strike his strike. The court denied the request and imposed a 32-month prison term, consisting of the 16-month lower term on the instant offense, doubled pursuant to the three strikes law (§§ 667, subd. (e)(1); 1170.12, subd. (c)(1)). Appellant did not request, and the court did not issue, a certificate of probable cause (§ 1237.5).
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 has not responded to this court’s invitation to submit additional briefing.
Comments on P. v. Smith