THE PEOPLE v. JASON DANIEL COONS (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

OPINIONFACTS

It was alleged in a criminal complaint filed April 12, 2010, that appellant, Jason Daniel Coons, committed a violation of Penal Code section 4573.6 (possession of marijuana in county jail) and that he had served two separate prison terms for prior felony convictions (Pen.Code, § 667.5, subd. (b)).  Pursuant to a plea agreement on April 28, 2010, the People dismissed the prior prison term enhancement allegations, appellant pled guilty to the substantive offense, and the court imposed a two-year prison term.

On July 21, 2010, appellant filed a notice of appeal and requested that the court issue a certificate of probable cause (Pen.Code, § 1237.5).   The court granted that request the following day.

Appellant's appointed appellate counsel has filed an opening brief, which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record.  (People v. Wende (1979) 25 Cal.3d 436.)   Appellant has not responded to this court's invitation to submit additional briefing.

On January 27, 2010, appellant was an inmate in Tuolumne County jail.   On that date, a deputy sheriff on duty in the jail smelled a strong odor of marijuana coming from appellant's cell.   After appellant was removed from the cell, the deputy searched it and found a small quantity of marijuana.

DISCUSSION

Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.

DISPOSITION

The judgment is affirmed.

FOOTNOTES

FOOTNOTE.  

THE COURT * FN*.  Before Wiseman, Acting P.J., Dawson, J., and Kane, J.