P. v. Evins
A jury convicted James Evins of three counts of possessing a controlled substance (Health & Saf. Code, 11377, subd. (a)), one count of being under the influence of a controlled substance (Health & Saf. Code, 11350, subd. (a)), and one count of petty theft (Pen. Code, 484). Evins admitted two prior strikes (Pen. Code, 667, subds. (b)-(i), 1170.12, 668) and committing a felony while released on bail in two counts
(Pen. Code, 12022.1, subd. (b)). The court struck one prior strike and sentenced him to prison for eight years: concurrent terms of double the three-year upper term on the convictions of possessing a controlled substance enhanced by a two-year term for committing a crime while released on bail or his own recognizance. The court indicated it would impose concurrent terms on the being under the influence and petty theft convictions but the record does not reflect it sentenced Evins on these two convictions. Appointed appellate counsel initially filed a brief setting forth the evidence in the superior court and presenting no argument for reversal but requesting this court to review the record for error as mandated by People v. Wende(1979) 25 Cal.3d 436. We granted Evins permission to file a brief on his own behalf. He did not respond. Court then requested additional briefing on the issue of whether the trial court erred in imposing a sentence of double the upper term. Appointed counsel argues imposition of an upper term sentence violated Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856, 864, 127 S.Ct. 856, 860]. Court affirm.
Comments on P. v. Evins