People v. Chenda CA5

INTRODUCTION

Appellant Johnny Chenda was sentenced to a lower term of two years pursuant to a negotiated disposition. 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.

PROCEDURAL BACKGROUND

On November 6, 2020, a complaint was filed in the Superior Court of Kern County charging codefendants Johnny Chenda and Chayya Kim with count 1, possession of marijuana without proper authorization on or about September 23, 2019, while in Wasco State Prison (Pen. Code, § 4573.6),1 and that Chenda had one prior strike conviction. On June 17, 2021, Chenda entered into a negotiated disposition, pleaded no contest to count 1, and admitted the prior strike allegation, with the strike to be dismissed, and a stipulated lower term of two years in prison. The parties stipulated to a factual basis based on “the probable cause statement and the reports in discovery.” On July 20, 2021, the court dismissed the prior strike conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, and sentenced Chenda to…