People v. Bartram CA5

INTRODUCTION

Appellant John Charles Bartram pled no contest to possession of a controlled substance and admitted two prior strike convictions and five prior prison terms, in exchange for an agreed maximum sentence of 11 years. In accordance with the plea, Bartram was sentenced to a total of nine years in prison. The trial court denied Bartram’s request for a certificate of probable cause. On January 10, 2014, appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).

FACTUAL AND PROCEDURAL SUMMARY

On February 27, 2012, charges were filed against Bartram alleging he was found in possession of a controlled substance on February 23, 2012, in violation of Health and Safety Code section 11377, subdivision (a). It also was alleged that he had suffered two prior convictions for serious or violent felonies pursuant to Penal Code section 667, subdivisions (b) through (i),1 and had served five prior prison terms pursuant to section 667.5, subdivision (b). On February 29, 2012, Bartram waived formal arraignment and pled not guilty. On April 27, 2012, Bartram signed a felony advisement, waiver of rights, and plea form. On the form, Bartram agreed to a no…