People v. Wright CA5
Opinion
Opinion
INTRODUCTION
Appellant Floyd Howard Wright filed a petition to reduce his felony conviction to a misdemeanor. The court denied relief because his offense was not eligible for reduction pursuant to the provisions of Proposition 47 and Penal Code section 1170.18. 1 On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On March 7, 2003, an information was filed in the Superior Court of Kern County charging appellant with count 1, felony possession of marijuana by an inmate in state prison without proper authorization on December 2, 2002 (Pen. Code, § 4573.6), with three prior strike convictions. On April 18, 2003, appellant pleaded guilty to felony count 1 as charged. On May 16, 2003, the court granted appellant’s request to dismiss two of the prior strike allegations. The court imposed the midterm of three years, doubled to six years as the second strike term, consecutive to the sentence he was already serving.