People v. Gutierrez CA5

INTRODUCTION

Appellant Jose Angel Gutierrez appeals from the sentence imposed after he pleaded no contest to the charges of transportation or sale of methamphetamine and possession of methamphetamine for sale. Appellant’s counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), requesting this court independently review the record. Appellant then submitted a separate supplemental letter brief raising a single issue he wishes to have reviewed. For the reasons set forth below, we dismiss the appeal as moot.

PROCEDURAL BACKGROUND

In June 2018, appellant was charged with transportation or sale of methamphetamine (Health & Saf. Code, § 11379, subd. (a); count 1), possession of methamphetamine for sale (Health & Saf. Code, § 11378; counts 2, 5), driving on a suspended license (Veh. Code, § 14601.2, subd. (a); count 3), possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a); count 4), and maintaining a place to sell methamphetamine (Health & Saf. Code, § 11366; count 6). It was also alleged that appellant served prior prison terms (Pen. Code, § 667.5, subd. (b)) as to counts 1, 2, 5, and 6 and committed a felony offense while released from…