P. v. Torem
On February 16, 2006, the Kings County District Attorney filed a felony complaint in the Lemoore Division of superior court charging appellant as follows: count Iunlawful transportation of methamphetamine (Health & Saf. Code, 11379, subd. (a)); count IIunlawful possession of methamphetamine for sale (Health & Saf. Code, 11378); and count IIIwillful harm or injury to a child (Pen. Code, 273a, subd. (a)). As to counts I and II, the district attorney specially alleged that appellant was personally armed with a firearm (Pen. Code, 12022, subd. (c)) and that each offense precluded a grant of probation except in an unusual case (Pen. Code, 1203.073, subd. (b)(2)).
Court's independent review discloses no reasonably arguable appellate issues. [A]n arguable issue on appeal consists of two elements. First, the issue must be one which, in counsels professional opinion, is meritorious. That is not to say that the contention must necessarily achieve success. Rather, it must have a reasonable potential for success. Second, if successful, the issue must be such that, if resolved favorably to the appellant, the result will either be a reversal or a modification of the judgment. (People v. Johnson (1981) 123 Cal.App.3d 106, 109.) The judgment is affirmed.
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