People v. Ashley CA5

INTRODUCTION

Appellant and defendant Eddie Ashley (appellant) was serving time for an attempted murder conviction when he pleaded no contest to possession of marijuana in prison. The trial court initially denied his motion for presentence credits in the possession case, but subsequently granted his motion based on documents that showed his parole date for the attempted murder conviction had been recalculated to have occurred before he was found in possession of marijuana. Thereafter, the Department of Corrections and Rehabilitation (CDCR) advised the court that appellant was still serving the felony sentence at the time of the possession offense, and the court amended the abstract of judgment to remove the custody credits. On appeal, appellate 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 did not file a supplemental brief on his own behalf. We affirm.

PROCEDURAL BACKGROUND

Los Angeles County Convictions On February 4, 2010, appellant pleaded guilty in the Superior Court of Los Angeles County to attempted murder (Pen. Code,1…