People v. Smalley CA5

BACKGROUND

From November 26, 2021, through February 28, 2022, defendant was involved in procuring and delivering drugs and cell phones by drone into prison yards.1 On May 5, 2022, defendant pled no contest to conspiring to possess a cell phone with the intent to deliver it to an inmate (Pen. Code, §§ 182, subd. (a)(1), 4576; count 5) and admitted a prior “strike” conviction within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). Five other charges were dismissed. On June 3, 2022, the trial court sentenced defendant to four years in prison: the midterm of two years, doubled pursuant to the Three Strikes law. The court awarded custody credits and imposed various fines and fees. On June 14, 2022, defendant filed a notice of appeal. The trial court granted a certificate of probable cause.

DISCUSSION

Having undertaken an examination of the entire record, we find no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to defendant.

These facts come from the declaration of a correctional officer.

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DISPOSITION

The judgment is affirmed.

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