People v. Miranda CA2/4

INTRODUCTION

Appellant Jerry Martin Miranda challenges the denial of his petition for recall and resentencing under Proposition 36, the Three Strikes Reform Act of 2012. (See Pen. Code, § 1170.126.1) Appellant’s appointed counsel filed a brief on appeal raising no issues and invoking People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano). Appellant filed a supplemental brief, asserting that the court erred in denying his petition and challenging the circumstances of his guilty plea. We affirm.

BACKGROUND

A. Prior proceedings On May 8, 2003, police and parole officers conducted a parole search of appellant’s apartment. Appellant was detained in the hallway inside the apartment. Appellant admitted he had drugs in his pants in the bedroom. Officers searched the bedroom and recovered cocaine and heroin from appellant’s pants pocket. Officers also located a loaded handgun in the bedroom hidden between the mattress and box spring. A parole agent found a “hype kit” containing syringes in the kitchen. Appellant admitted to officers that the drugs were for his personal use, and that he kept the gun for protection. Appellant pled guilty to one count of possession of a firearm by a…