How have we dealt with the issue of firearm possession on appeal?

On appeal, we appointed counsel to represent appellant in this court. Appointed counsel filed an opening brief pursuant to People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano), which states the case and the facts but raises no specific issues. Pursuant to Serrano, on December 14, 2015 we notified appellant of his right to submit written argument in his own behalf within 30 days. On January 28, 2016, we received a memorandum from appellant. In his filing, the appellant accepts responsibility for his crime and prior poor life choices, but describes the many efforts he has taken to improve his life since serving his sentence. Without further explanation, appellant states that he needs to posses firearms for his future employment as a "Licensed International Project Management Professional." Penal Code, section 1170.18, subdivision (k) states in relevant part, "Any felony conviction that is recalled and resentenced under subdivision (b) or designated as a misdemeanor under subdivision (g) shall be considered a misdemeanor for all purposes, except that such resentencing shall not permit that person to own, possess, or have in his or her custody or control any firearm . . . ." The trial court designated appellant's felony as a misdemeanor under subdivision (g), but under subdivision (k), it lacked the discretion to lift the firearm ban, despite appellant's many personal or educational achievements, or his perceived need for firearms. As nothing in appellant's supplemental brief raises an arguable issue on appeal, we must dismiss the appeal. (Serrano, supra, 211 Cal.App.4th at pp. 503-504.)

The appeal is dismissed.

Page 3

/s/_________
RUSHING, P.J.