People v. Carrasco CA5

INTRODUCTION

Appellant Jose Andres Carrasco entered into a negotiated disposition and was sentenced to the second strike term of four years in state prison. 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 April 3, 2020, appellant was an inmate at the Sierra Conservation Center, when an officer conducted a random search of his possessions contained in a locker secured by a combination lock that appellant controlled. The officer found 1.976 grams of marijuana, a usable amount. Appellant was not authorized to possess marijuana.1 On December 23, 2020, a complaint was filed in the Superior Court of Tuolumne County charging appellant with count 1, possession of a controlled substance, marijuana, in state prison without authorization (Pen. Code, § 4573.6),2 with one prior strike conviction. On April 21, 2021, the preliminary hearing was held, and appellant was held to answer. On the same day, the complaint was refiled and deemed to be the information. On June 7, 2021,…