People v. Smith CA5

INTRODUCTION

Appellant Charles Frederick Smith stands convicted by a jury of possession of an illegal substance, methamphetamine, while in a jail facility, a violation of Penal Code section 4573.6.1 Smith admitted two prior convictions for robbery and three prior prison terms. The trial court imposed the midterm of three years, doubled pursuant to section 667, subdivisions (b) and (e)(2)(C), for the offense, plus one year each for the prior prison terms pursuant to section 667.5, subdivision (b). The total term imposed was nine years, to be served consecutively to any term Smith currently was serving. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436.

FACTUAL AND PROCEDURAL SUMMARY

On February 1, 2013, Smith was charged with violating section 4573.6. It also was alleged that he had two prior serious felony convictions and had served three prior prison terms. The trial court appointed the public defender to represent Smith. Smith pled not guilty to the charges. On June 19, 2013, outside of the presence of the prospective jurors, the trial court advised Smith of his rights before he admitted the two prior convictions for robbery and the three prior…