Filed 6/22/17 P. v. Andreas CA3
NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(Butte)
----




THE PEOPLE,

Plaintiff and Respondent,

v.

PHILIP MARK ANDREAS,

Defendant and Appellant.


C083085

(Super. Ct. No. 16CF03203)


Appointed counsel for defendant Philip Mark Andreas has filed an opening brief that sets forth the facts of the case and asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After reviewing the record, we find no arguable error that would result in a disposition more favorable to defendant. We affirm the judgment.
We briefly recount the facts and procedural history in accordance with People v. Kelly (2006) 40 Cal.4th 106, 110, 124.
On July 15, 2016, officers conducted a parole search of defendant Philip Mark Andreas at his home. In the bedroom, officers found 16 Lorazepam pills, a gun holster, a digital gram scale, a baggie containing a white powdery substance, alcohol, and a bottle containing a urine-type liquid. In defendant’s car, officers found a methamphetamine pipe and a stolen, loaded handgun. In the trunk, officers found bolt cutters and a box containing ammunition “tucked in a hole in the bottom of the trunk.” Defendant stated he bought the gun from someone for $350 and admitted he knew he was prohibited from possessing a gun. He bought the ammunition from a business. He stated the bottle of liquid found in his bedroom was used for drug tests at his parole office.
Defendant entered a negotiated plea of no contest to being a convicted felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1) ; count 1) and being a convicted felon in possession of ammunition (§ 30305, subd. (a)(1); count 2) and admitted a prior prison term allegation (§ 667.5, subd. (b)) in exchange for dismissal of the remaining count (receiving stolen property) and allegation (strike prior), with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754.
The court sentenced defendant to serve an aggregate term of four years eight months in state prison, consisting of the upper term of three years on count 1, a consecutive one-third the midterm or eight months for count 2, and a consecutive one-year term for the prior prison term.
Defendant appeals. He did not obtain a certificate of probable cause. (§ 1237.5.)
Appointed counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.



/s/
HOCH, J.



We concur:



/s/
BUTZ, Acting P. J.



/s/
MURRAY, J.