People v. Smith CA4/2

• Court: California Court of Appeal
• Decided: February 13, 2024
• Docket: E081778
• Status: Unpublished

Opinion

Filed 2/13/24 P. v. Smith CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, E081778 Plaintiff and Respondent, (Super.Ct.No. RIF2300627) v. OPINION GARDINER BOSEY SMITH III,

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Gary Polk, Judge.

Affirmed.

Jo Pastore, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

In 2023, Gardiner Bosey Smith pled guilty to assault with force likely to produce

great bodily injury (Pen. Code, § 245, subd. (a)(4)) and admitted that he personally

inflicted great bodily injury (Pen. Code, § 12022.7, subd. (a)). Per a plea agreement, the

1 court sentenced him to three years formal probation and 140 days of custody, but

awarded him credit for 140 days of time-served. Smith appealed, and in the notice of

appeal indicated he was appealing “sentencing, falsifying information.” Smith did not

obtain a certificate of probable cause.

We appointed counsel to represent Smith on appeal, and counsel has filed a brief

under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California

(1967) 386 U.S. 738, setting forth a statement of the case and a summary of the facts and

asking us to conduct an independent review of the record. Counsel’s brief did not raise

any issues for our consideration. We offered Smith an opportunity to file a personal

supplemental brief, and he has not done so.

We have independently reviewed the record for potential error as required by

People v. Kelly (2006) 40 Cal.4th 106 and find no arguable error that would result in a

disposition more favorable to Smith.

DISPOSITION

We affirm the judgment.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAPHAEL J.

We concur:

RAMIREZ P. J.

McKINSTER J.