Rowland

People v. Rowland

Good Law
1999 Cal. App. LEXIS 862·75 Cal. App. 4th 61·88 Cal. Rptr. 2d 900·99 Daily Journal DAR 9993·99 Cal. Daily Op. Serv. 7894
Court of Appeal of CaliforniaSeptember 22, 1999C027725California2,231 words

Opinion

Opinion

Hull, J.

A jury found defendant guilty of three counts of unlawful possession of a weapon while in state prison. (Pen. Code, § 4502, subd. (a); further section references are to the Penal Code unless designated otherwise.) The trial court imposed the middle term of three years on one of the counts, plus a consecutive one-third the middle term, or one year, on each of the other two counts for a total of five years in state prison. The trial court ordered defendant to serve the five-year term consecutive to the term he was serving at the time of the current offense. The court also ordered defendant to pay a restitution fine of $1,000, pursuant to section 1202.4, and a separate $1,000 restitution fine, pursuant to section 1202.45, which was suspended pending the successful completion of parole.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and, pursuant to People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ], requesting the court to review the record and to determine whether there are any arguable issues on appeal. Defendant was advised by counsel of the right to file a supplemental…

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