P. v. Rosado
In a plea bargain, defendant, Efraim Rosado, pled no contest to one count of methamphetamine possession (Health & Saf. Code, 11377, subd. (a)) and admitted the truth of the allegations he sustained one prior violent felony conviction (Pen. Code,[1] 667, subds. (b)-(i), 1170.12) and served one prior prison term. ( 667.5, subd. (b).) Defendant was sentenced to the middle term of two years, which was doubled ( 667, subd. (e)(2); 1170.12, subd. (c)(1)) plus a consecutive one-year term because of his prior prison term. ( 667.5, subd. (b).) The trial court imposed a $200 section 1202.4, subdivision (b) restitution fine and suspended a $200 section 1202.45 parole revocation fine. Defendant was ordered to pay a $50 Health and Safety Code section 11372.5, subdivision (a) laboratory fee and a $20 section 1465.8 court security fee. Defendant was awarded 426 days of presentence credits consisting of 284 days of actual custody plus 142 days of conduct credit. After examination of the record, appointed appellate counsel filed an Opening Brief in which no issues were raised. Instead, appointed appellate counsel requested that we independently review the entire record pursuant to Peoplev. Wende (1979) 25 Cal.3d 436, 441. We have examined the entire record and are satisfied that appointed appellate counsel has fully complied with his responsibilities. No argument exists favorable to defendant. (Smithv. Robbins (2000) 528 U.S. 259, 277-284; People v. Wende, supra, 25 Cal.3d at p. 441.)
The judgment is modified to impose the penalty assessments and state court construction penalties discussed in the body of this opinion. The judgment is affirmed in all other respects. A corrected abstract of judgment is to be forwarded to the Department of Corrections and Rehabilitation by the superior court clerk.
Comments on P. v. Rosado