P. v. Vaughan
Pursuant to a negotiated disposition, Carl Vaughan (defendant) pleaded no contest to one count of possessing marijuana in prison (Pen. Code, § 4573.6); and admitted that he had one prior strike conviction. (§ 1170.12)[1] In exchange for his no contest plea and admission, defendant was promised a four year prison term to be served consecutively with a sentence he was already serving.
On May 7, 2012, the same day that defendant entered his plea, the court sentenced defendant to the lower term of two years doubled because of the prior strike conviction. The court did not award defendant any credit for time served because the court determined that he was not entitled to any credit since he was at the time serving a prison sentence. The court imposed a $240 restitution fund fine, imposed but suspended a parole revocation fine in the same amount, and imposed $70 in assessments. Thereafter, defendant filed a timely notice of appeal based on only " 'sentencing issues.' "
Defendant's appointed counsel has filed an opening brief in which no issues are raised and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel has declared that defendant was notified that no issues were being raised by counsel on appeal and that an independent review under Wende was being requested.
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