Filed 8/7/13 P. v. Como CA4/1 

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT 

DIVISION ONE 

STATE OF CALIFORNIA 

THE PEOPLE, 

 Plaintiff and Respondent, 

 v. 

JEFFREY COMO, 

 Defendant and Appellant. 

 D062702 

 (Super. Ct. Nos. SCD183138, 

 SCD198455) 

 APPEAL from a judgment of the Superior Court of San Diego County, David M. 

Szumowski and Michael T. Smyth, Judges. Affirmed. 

 John L. Staley, under appointment by the Court of Appeal, for Defendant and 

Appellant. 

 No appearance for Plaintiff and Respondent. 
2 

 Jeffrey J. Como appeals a judgment following his convictions of selling or 

furnishing a controlled substance, namely cocaine base (Health & Saf. Code, § 11352, 

subd. (a)),1 and carrying a concealed weapon (former Pen. Code, § 12020, subd. (a)). 

FACTUAL AND PROCEDURAL BACKGROUND 

 In 2004, Como was convicted of one count of carrying a concealed weapon 

(former Pen. Code, § 12020, subd. (a)) in San Diego County Superior Court Case 

No. SCD183138 (Case B). The trial court granted him probation for three years. 

 In 2006, Como handed cocaine base to codefendant Jimmy who, in turn, sold it to 

an undercover police officer. In San Diego County Superior Court Case No. SCD198455 

(Case A), a complaint charged Como with selling or furnishing a controlled substance, 

namely cocaine base (§ 11352, subd. (a)), and also alleged he: (1) sold it within the 

meaning of Penal Code section 1203.073, subdivision (b)(7); (2) had various Health and 

Safety Code convictions within the meanings of sections 11370.2, subdivision (a), 11370, 

subdivision (a), and Penal Code section 1203.07, subdivision (a)(11); and (3) had two 

prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). 

Como's probation in Case B was revoked. 

 Following trial in Case A, the jury found Como guilty of the charged offense and 

found true the allegation he sold cocaine base within the meaning of Penal Code section 

 

1 All statutory references are to the Health and Safety Code unless otherwise 

specified. 
3 

1203.073, subdivision (b)(7). Como admitted the truth of the other allegations in the 

complaint. 

 At his December 19, 2006, sentencing, the trial court sentenced Como to the lower 

term of three years for his Case A conviction and imposed a consecutive three-year 

enhancement for one of the section 11370.2, subdivision (a), allegations, for a total term 

of six years in prison. The court sentenced Como to a concurrent two-year term for his 

Case B conviction. The court then suspended proceedings under Welfare and Institutions 

Code section 3151 and referred Como for treatment at the California Rehabilitation 

Center (CRC). 

 On April 30, 2012, the trial court vacated Como's CRC commitment. On August 

13, the court reinstated criminal proceedings in Cases A and B. On August 20, the court 

sentenced Como in Cases A and B to the same terms it imposed in 2006. In Case A, it 

awarded him 1,619 days of actual custody credits and 272 days of conduct credits, for a 

total of 1,891 custody credits. In Case B, it awarded him 1,712 days of actual custody 

credits and 265 days of conduct credits, for a total of 1,977 custody credits. Como timely 

filed a notice of appeal challenging the judgments in Case A and Case B. 

DISCUSSION 

 Como's appointed counsel has filed a brief summarizing the facts and proceedings 

below. Counsel presents no argument for reversal of the judgment, but asks this court to 

review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 and 

Anders v. California (1967) 386 U.S. 738. Counsel has not identified any possible issues 

for our review. 
4 

 We granted Como permission to file a supplemental brief on his own behalf, but 

he has not responded. A review of the record pursuant to People v. Wende, supra, 25 

Cal.3d 436 and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably 

arguable appellate issues. Como has been competently represented by counsel on this 

appeal. 

DISPOSITION 

 The judgment is affirmed. 

McDONALD, J. 

WE CONCUR: 

HALLER, Acting P. J. 

McINTYRE, J.