People v. Lynall CA6

Filed 8/17/15 P. v. Lynall CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H041737 (Santa Cruz County Plaintiff and Respondent, Super. Ct. No. F27697)

v.

DAVID LEE LYNALL,

Defendant and Appellant.

Defendant David Lee Lynall was convicted by plea of one count of possession of methamphetamine (Health & Saf. Code, § 11377). (Unless otherwise stated, all further statutory references are to the Health and Safety Code.) The offense was originally charged as a felony. One month after the complaint was filed, the voters enacted Proposition 47, “the Safe Neighborhoods and Schools Act” (hereafter Proposition 47), which made certain drug- and theft-related offenses—including violations of section 11377—misdemeanors, unless the offenses were committed by certain ineligible defendants. Two days after the election, the parties entered into a negotiated disposition of defendant’s case. Pursuant to their agreement, defendant’s offense was reduced to a

misdemeanor and defendant pleaded guilty to one count of violating section 11377. In exchange for defendant’s plea, two other misdemeanor offenses and an enhancement allegation that were charged in the complaint were dismissed. The court suspended imposition of sentence and imposed a 24-month conditional sentence that required defendant to complete a Proposition 36 drug treatment program. We appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), which stated the case and the facts, but raised no specific issues on appeal. We notified defendant of his right to submit written argument on his own behalf within 30 days. The 30 days have elapsed, and we have received no written argument from defendant. We will conclude there is no arguable issue on appeal and we will affirm the judgment.