P. v. Hernandez
Defendant appeals from judgment entered following a jury trial in which he was convicted of possession of a controlled substance (Health & Saf. Code, S 11350, subd. (a)). A second count for destroying evidence in violation of Penal Code section 135, a misdemeanor, was dismissed. The court additionally found appellant had suffered a prior conviction of a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, SS 1170.12, subds. (a) – (d) and 667, subds. (b) – (i)) and served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). His motion for a new trial and Romero[4] motion were denied. He was sentenced to prison for a total of four years, consisting of the middle term of two years, doubled pursuant to the Three Strikes law. The one year for the prior prison term enhancement was stayed.
Court have examined the entire record and are satisfied that appellant has, by virtue of counsel's compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)
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