People v. Smith CA1/1

Filed 2/22/22 P. v. Smith CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

A162699

v. JASON EDWARD SMITH, SR., (Humboldt County Super. Ct. No. CR2002989B) Defendant and Appellant.

Defendant Jason Edward Smith, Sr., appeals from the trial court’s imposition of a stipulated three-year prison term following Smith’s guilty plea to a single count of first degree residential robbery. After the trial court granted Smith’s request for a certificate of probable cause—allowing him to appeal from the preplea denial of his motion to dismiss under Brady v. Maryland (1963) 373 U.S. 83 (Brady)—Smith’s appointed appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), identifying no issues and…