People v. Hendrix CA5

INTRODUCTION

Defendant James Duell Hendrix was charged with conspiracy to bring drugs into prison (Pen. Code, §§ 182, subd. (a)(1), 4573.6; count 1) and possession of marijuana and THC (§ 4573.6; counts 2 & 4, respectively). It was also alleged defendant had eight strike priors and a prison prior pursuant to section 667.5, former subdivision (b). In 2018, defendant entered a plea to count 2 and admitted the strikes and prison prior. In 2019, he was sentenced to an agreed term of four years on count 2 plus one year for the prison prior for a total of five years. (Undesignated statutory references are to the Penal Code.) After defendant was referred for resentencing under section 1172.75, the court struck his prison prior enhancement in November 2023 and resentenced defendant to four years on count 2. Defendant appeals from the resentencing order. Counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) asking us to independently review the record; defendant did not file a letter brief. We affirm.

FACTUAL AND PROCEDURAL HISTORY

Charges, Plea, and Original Sentence In 2017, defendant was charged with…