P. v. Potts

Filed 10/18/06 P. v. Potts CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION TWO

THE COURT:^*

Timothy Potts appeals from the judgment entered following resentencing and denial of his motion for a new trial, which followed a remand from this court for these purposes.

Appellant was sentenced to five years in prison. The sentence consisted of the low term of two years, doubled to four years because of a strike conviction, on count 2 (a violation of Penal Code section 4573.6, possession of drugs in prison) and a one-year enhancement for a prison prior under Penal Code section 667.5. As directed by this court count 1 was dismissed, and the provision requiring appellant to register as a narcotics offender was removed. We appointed counsel to represent appellant on this appeal.

After examination of the record, counsel filed an “Opening Brief” which contained an acknowledgment that he had been unable to find any arguable issues.

On May 24, 2006, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. No response has been received to date.

We have examined the entire record and are satisfied that appellant’s attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

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^* DOI TODD, Acting P. J., ASHMANN-GERST, J., CHAVEZ, J.