People v. Lua CA5

INTRODUCTION

Appellant and defendant Hugo Lua (appellant) pleaded guilty to attempted possession of a stabbing weapon by an inmate and was sentenced to three years in prison, consecutive to the sentence he was already serving. In 2023, the trial court dismissed his prior prison term enhancement pursuant to Penal Code1 section 1172.75 and resentenced him to two years. On appeal from the resentencing order, appellant’s counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not filed a supplemental brief. We affirm.

PROCEDURAL BACKGROUND

On February 27, 2015, a felony complaint was filed in the Superior Court of Kern County charging appellant with count 1, inmate in willful possession of an inmate-manufactured stabbing weapon on or about January 24, 2014 (§ 4502), with prior conviction allegations. On November 16, 2015, the trial court granted the prosecution’s motion to amend the complaint to add count 2, attempted possession of an inmate-manufactured stabbing weapon (§§ 664/4502, subd. (a)). Appellant entered into a negotiated…