P. v. Baughman
Defendant and appellant Curt Martin Baughman (defendant) appeals his judgment of conviction of possession of methamphetamine for sale. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. On July 31, 2013, we notified defendant of his counsel’s brief and gave him leave to file, within 30 days, his own brief or letter stating any grounds or argument he might wish to have considered. Defendant filed a letter on September 11, 2013, setting forth issues to be considered in this appeal. We have reviewed the entire record and have considered the points made by defendant in his letter brief. Finding no error or other arguable issues, we affirm the judgment.
Defendant was charged with possession of methamphetamine for the purpose of sale, in violation of Health and Safety Code section 11378 (count 1), and cultivating marijuana in violation of Health and Safety Code section 11358 (count 4).[1] As to count 1, the information further alleged a 1989 conviction of Health and Safety Code section 11379 (selling or transporting a controlled substance). After the preliminary hearing, the trial court denied defendant’s motion to dismiss the charges pursuant to Penal Code section 995. A jury convicted defendant of count 1 as charged and acquitted him of count 4. Defendant waived a jury trial on the prior conviction allegation and after a bench trial it was found to be true. On November 14, 2012, the trial court struck the prior conviction pursuant to Penal Code section 1385 and sentenced defendant to the upper term of three years in prison, to be served in the county jail. The court awarded 30 days of custody credit, later corrected to 36 days, comprised of 18 actual days and 18 days of conduct credit, and ordered defendant to pay mandatory fines and fees. Defendant filed a timely notice of appeal.
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