People v. Garcia CA4/1

I.

INTRODUCTION

Defendant Dino Garcia pled no contest to one count of possession of a controlled

substance in a prison facility and admitted to having suffered a prior felony conviction.

The trial court sentenced Garcia to the low term of two years, doubled to four, pursuant to

the plea agreement.

Appointed appellate counsel filed a brief presenting no argument for reversal, but

requesting that this court review the record for error in accordance with People v. Wende

(1979) 25 Cal.3d 436 (Wende). After having independently reviewed the entire record

for error as required by Anders v. California (1967) 386 U.S. 738 (Anders) and Wende,

and after having sought additional briefing from the parties, we affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

In September 2011, Garcia was serving a term for a felony conviction at Centinela

State Prison. One afternoon, Correctional Sergeant Miguel Trujillo was summoned to the

unit where Garcia was housed. A correctional officer informed Sergeant Trujillo that he

had observed Garcia pass an envelope to another inmate. The correctional officer took

possession of the envelope and found that it contained a hypodermic syringe with…