P. v. .Smith CA4/1

Filed 11/18/13 P. v .Smith CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063927

Plaintiff and Respondent,

v. (Super. Ct. No. SCD240768)

ANDRE DELOYNE SMITH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Richard S.

Whitney, Judge. Affirmed.

Law Offices of Sarah A. Stockwell and Sarah A. Stockwell for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

A jury convicted Andre Deloyne Smith of sale of methamphetamine (Health &

Saf. Code, § 11379, subd. (a)). The court found true three drug-related prior felony

convictions.

Smith was sentenced to six years in jail, with three years to be served in jail,

followed by three years of mandatory supervision (Pen. Code, § 1170, subd. (h)(5)(B)).

Counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436

(Wende) and Anders v. California (1967) 386 U.S. 738 (Anders) raising possible, but not

arguable issues. We offered Smith the opportunity to file his own brief on appeal, but he