People v. Wiggins CA5

Filed 3/16/22 P. v. Wiggins CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F082248 Plaintiff and Respondent, (Super. Ct. No. DF013667A) v.

LORD GREGORY WIGGINS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. David Wolf, Judge. Helen Hoeffel, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Ivan P. Marrs, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Peña, Acting P. J., Snauffer, J. and DeSantos, J.

Defendant Lord Gregory Wiggins contends on appeal the trial court erred when it sentenced defendant for possession of cannabis in prison because Proposition 64 decriminalized such possession. We affirm. PROCEDURAL SUMMARY On October 3, 2018, the Kern County District Attorney filed an information charging defendant with knowingly possessing marijuana in prison (Pen. Code, § 4573.6;1 count 1) and willfully and unlawfully possessing a cellular phone in prison (§ 4575, subd. (a); count 2). The information also alleged that defendant had previously served two separate prison terms following felony convictions in 2012 and 2014 (§ 667.5, former subd. (b)). On December 15, 2020, defendant pled no contest to an amended count 1 (§ 4573.8). Count 2 (§ 4575, subd. (a)) and the one-year enhancement allegations (§ 667.5, former subd. (b)) were dismissed. Defendant reserved the right to appeal his conviction. On January 8, 2021, defendant was sentenced to a low-term sentence of 16 months to run concurrently with the term he was already serving, plus fines and fees. On January 11, 2021, defendant filed a notice of appeal. FACTUAL SUMMARY On September 9, 2017, defendant was serving a prison sentence in Wasco State Prison. A correctional officer found defendant smoking cannabis in his prison cell. Officers subsequently searched defendant’s cell and found a cellular phone, phone charger base and cord, and five small bindles of cannabis containing less than 28.5 grams in total.

1 All statutory references are to the Penal Code unless otherwise noted.