People v. Smith CA4/1

Filed 12/10/13 P. v. Smith CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D063754

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCD238273, SCD244164, SCE325006) KEONA SMITH,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Charles

Ervin, Judge. Dismissed.

Richard L. Schwartzberg, under appointment by the Court of Appeal, for

Defendant and Appellant.

No appearance for Plaintiff and Respondent.

I.

INTRODUCTION

On January 7, 2013, the trial court sentenced Keona Smith to an aggregate term of

two years eight months in prison (case Nos. SCD 238273, SCD244164, SCD325006)

pursuant to plea agreements in each of the three cases. Smith did not file an appeal from

the January 7 judgment. On February 20, the trial court granted Smith's counsel's request

to award Smith additional conduct credits with respect to one of the cases (No.

SCD238273). In April 2013, Smith filed an appeal, in propria persona, from the

February 20 order. Appointed appellate counsel filed a brief presenting no argument for