Filed 7/10/17 P. v. Gaines 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.

LESLIE JAMES GAINES, JR.,

Defendant and Appellant.


F073949

(Super. Ct. No. 15CM7047)


OPINION

THE COURT*
APPEAL from a judgment of the Superior Court of Kings County. Robert S. Burns, Judge.
Laura P. Gordon, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
Appellate counsel for appellant Leslie James Gaines, Jr., filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) asserting that after reviewing the record, she could not find any arguable issues. We agree there are no arguable issues in the case and affirm the judgment.
FACTUAL AND PROCEDURAL SUMMARY
On February 24, 2015, a complaint charged appellant Leslie James Gaines, Jr., with one count of possession of a sharpened instrument in prison, a violation of Penal Code section 4502, subdivision (a) after an inmate manufactured weapon was found on his person during a clothed body search. The complaint further alleged appellant had suffered three prior strikes: two section 288.5 convictions and one section 459 conviction.
On June 4, 2015, appellant waived his right to a preliminary hearing and entered a plea of no contest to count 1 and admitted one strike allegation. The parties reached a plea agreement pursuant to People v. West (1970) 3 Cal.3d 595. The parties stipulated to the aggravated term of four years doubled to a term of eight years and the People agreed to dismiss the remaining allegations.
Appellant requested immediate sentencing. The court, thereafter, sentenced appellant to the agreed upon term of four years doubled due to the prior strike for a total term of eight years. The court imposed a $300 restitution fine (§§ 1202.4, subd. (b), 1202.45), a $40 court operations fee (§ 1465.8), and a $30 court facilities fee (Gov. Code, § 70373).
Following this court’s granting of appellant’s request to file a belated appeal, on June 8, 2016, appellant filed a notice of appeal accompanied by a request for a certificate of probable cause claiming ineffective assistance of counsel, and raising issues not supported by the record. Appellant claimed that counsel was ineffective for failing to challenge the factual basis for his conviction, including challenging the credibility of the reporting officer, and for failing to raise the violation of his Miranda rights. The trial court granted the request.
On September 22, 2016, pursuant to Wende, supra, 25 Cal.3d 436, appointed counsel filed an appellant’s opening brief requesting that this court independently review the entire record on appeal.
By letter dated September 22, 2016, we invited appellant to inform this court of any issues he wished us to address.
On October 18, 2016, appellant filed a letter brief asking this court to stay the appeal pending the outcome of the challenge to his prior conviction. We denied the motion for a stay of the appeal on October 19, 2016.
DISCUSSION
We have examined the entire record. We are satisfied no arguable issues exist and appellant’s counsel has fully satisfied his responsibilities under Wende. (Wende, supra, 25 Cal.3d at p. 441; see People v. Kelly (2006) 40 Cal.4th 106, 123-124.)
DISPOSITION
The judgment is affirmed.