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People v. Maestas10/8/2002
two Health and Safety Code section 11370.2, subdivision (c) enhancements. Appellant's two prison priors did not play a role in his ultimate sentence and his contention must be rejected.
Finally, appellant's trial counsel frankly acknowledged in a sentencing statement filed November 14, 2001:
"The maximum prison sentence to which Mr. Maestas could be exposed, if he were convicted and the enhancements found true, is 21 years and 4 months in prison. The negotiated plea was for a total fixed term of 11 years."
Thus, appellant's claim that "they lied to me" regarding the maximum possible sentence need not be addressed further.
Our independent review discloses no other reasonably arguable appellate issues. " n arguable issue on appeal consists of two elements. First, the issue must be one that, in counsel's professional opinion, is meritorious. That is not to say that the contention must necessarily achieve success. Rather, it must have a reasonable potential for success. Second, if successful, the issue must be such that, if resolved favorably to the appellant, the result will either be a reversal or a modification of the judgment." (People v. Johnson (1981) 123 Cal.App.3d 106, 109.)
DISPOSITION
The judgment is affirmed.
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