People v. Cole CA4/1

Good Law
Court of Appeal of CaliforniaFebruary 16, 2022D079263California166 words

Opinion

STATEMENT OF FACTS

The probation report states that Cole possessed 8.7 grams and 44.3 grams of marijuana while in a state prison.

DISCUSSION

As we have noted, appellate counsel has filed a Wende brief and asks the court to review the record for error. To assist the court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified a possible issue that was considered in evaluating the potential merits of this appeal: Whether the trial court erred in denying Cole’s motion to vacate his conviction for possessing marijuana in state prison. We have reviewed the entire record as mandated by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Cole on this appeal.

People v. Raybon (2021) 11 Cal. 5th 1056 held Proposition 64 did not repeal Penal Code section 4573.6. 2

DISPOSITION

The judgment is affirmed.

HUFFMAN, Acting P. J.

WE CONCUR:

O'ROURKE, J.

DO, J.

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