Filed 7/31/17 P. v. Bennett CA5










NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

MICHAEL ANTHONY BENNETT,

Defendant and Appellant.


F073899

(Super. Ct. Nos. PCF308556, VCF311602)


OPINION

THE COURT*
APPEAL from a judgment of the Superior Court of Tulare County.
Stephen Drew, Judge.
William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
In case No. PCF308556, appellant Michael Anthony Bennett pled no contest to first degree burglary (Pen. Code, §§ 459, 460, subd. (a)/count 3), possession of ammunition by a person prohibited from possessing a firearm (§ 30305, subd. (a)(1)/
count 5), and misdemeanor receiving stolen property (§ 496, subd. (a)/count 6). In case No. VCF311602, Bennett pled no contest to bringing an alcoholic beverage into jail (§ 4573.5).
Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL HISTORY
Sometime in 2013, James Roady allowed Bennett to move into a motorhome on his property in Springville, California, in exchange for Bennett doing odd jobs for Roady. After discovering money and other property missing, Roady installed a surveillance system that videotaped Bennett entering his residence several times and sometimes taking money. For example, on September 16, 2014, while Roady’s girlfriend went outside the residence to speak with someone, a surveillance camera recorded Bennett entering the residence through the back, taking cash from a book, and exiting the house as she returned inside. On September 19, 2014, a surveillance camera videotaped Bennett taking money from a bag in a file cabinet located on the second floor of the residence. On September 23, 2014, a surveillance camera videotaped appellant inside the house looking through things. Roady was also missing several guns.
On the morning of October 22, 2014, Tulare County Sheriff’s Deputy Ronald Crouch assisted parole agents in conducting a parole search of Bennett’s motorhome. After taking Bennett into custody, the officers searched the trailer and found a .22-caliber rifle and a large amount of .22-caliber ammunition. The rifle’s serial number matched that of a rifle that was stolen from the home of Roady’s girlfriend (case No. PCF308556).
On December 13, 2014, at approximately 2:55 a.m., Tulare County Sheriff’s Deputy Jason Johnson was working at the Tulare County jail, dorm B, when he heard a loud pop. Deputy Johnson went to investigate the source of the noise and found a bottle and some spilled liquid under Bennett’s bunk. The liquid smelled like alcohol and was a type of inmate-manufactured alcoholic drink called “pruno.” Johnson also found a second bottle containing pruno in the cell. Bennett admitted having made the pruno (case No. VCF311602.)
On March 6, 2015, the Tulare County District Attorney filed an information in case No. PCF308556 charging Bennett with three counts of first degree burglary
(counts 1-3), possession of a firearm by a felon (§ 29800, subd. (a)(1)/count 4), possession of ammunition by a person prohibited from possessing a firearm (count 5) and misdemeanor receiving stolen property (count 6). The district attorney also filed an information in case No. VCF311602 that charged Bennett with bringing an alcoholic beverage into jail.
On February 1, 2016, Bennett entered his plea as noted above in exchange for an indicated sentence by the court of four years.
On April 15, 2016, the court sentenced Bennett to a four-year term, the middle term of four years on his burglary conviction, a concurrent two-year term on his possession of ammunition conviction, no time on his receiving stolen property conviction, and a concurrent midterm of two years on his bringing alcohol into jail conviction.
Bennett’s appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Bennett has not responded to this court’s invitation to submit additional briefing.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist. However, our review of the record disclosed that Bennett’s abstract of judgment contains the following two errors that we will direct the trial court to correct. Although the court imposed a concurrent two-year term on Bennett’s possession of alcohol conviction in case No. VCF311602, Bennett’s abstract of judgment erroneously indicates in section 1 that the court imposed a concurrent eight-month term. Additionally, in section 4, Bennett’s abstract of judgment does not indicate that the court sentenced him to prison because one of his current convictions was for a serious felony.
DISPOSITION
The trial court is directed to issue an amended abstract of judgment that indicates the court imposed a concurrent two-year term on appellant’s conviction in case
No. VCF311602 for bringing alcohol into jail (Pen. Code, § 4573.5) and that Bennett was sentenced to prison because he was convicted of a serious felony. The court is directed to forward certified copies of the amended abstract of judgment to the appropriate entities. In all other respects, the judgment is affirmed.