P. v. Earley
Filed 3/22/06 P. v. Earley CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. LARRY D. EARLEY, Defendant and Appellant. | E038770 (Super.Ct.No. RIF116800) OPINION |
APPEAL from the Superior Court of Riverside County. Kenneth Fernandez, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
Neil Auwarter, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
In the felony complaint filed on May 6, 2004, by the District Attorney of Riverside
County, the defendant was charged with a violation of Penal Code section 4573.8, felony possession of a syringe while committed to the California Rehabilitation Center. The felony complaint also charged the defendant with three special allegations filed pursuant to Penal Code section 667.5 (b).
Thereafter, on July 25, 2005, the defendant, represented by counsel, pled guilty as charged and admitted the special allegations set forth in the complaint filed on May 6, 2004, and he was committed to state prison for two years less custody credits and the motion by the District Attorney to strike the three state prison priors was granted in the interests of justice. (Pen. Code, § 1385)
Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P.J.
We concur:
McKINSTER
J.
KING
J.
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