P. v. Gonzales

Filed 2/8/07  P. v. Gonzales CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE COURT^*

            APPEAL from a judgment of the Superior Court of Kings County.  Lynn C. Atkinson, Judge.

            William Davies, under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.

-ooOoo-

            On June 1, 2003, appellant, Jesse Gonzales, was arrested by a Palace Casino security guard in Lemoore and turned over to Kings County sheriff's deputies after Gonzales was seen smoking methamphetamine in a parked truck.  Inside Gonzales's truck, the deputies found four plastic packages containing .6 grams, 1.5 grams, 6.7 grams, and 2.12 grams of methamphetamine.  After Gonzales was transported to jail, an additional package containing .3 grams of methamphetamine was found under the back seat of the patrol car where Gonzales had been sitting.

            On June 10, 2003, appellant pled guilty to transportation of methamphetamine (Health and Saf. Code, § 11379) with a stipulation that the transportation was for personal use.

On July 9, 2003, the court suspended imposition of sentence and placed appellant on Proposition 36 probation for three years. 

On November 16, 2004, a violation of probation was filed alleging that appellant violated his probation by failing to pay his fees and fines and by committing a felony offense in San Luis Obispo County.

On February 7, 2005, in accord with a negotiated agreement, appellant admitted he violated his probation by not obeying all laws.  The court then terminated appellant's Proposition 36 probation and placed him on regular felony probation until July 9, 2008.

On November 23, 2004, appellant was placed on three years' bench probation on his conviction for possession of stolen property in San Luis Obispo County. 

On October 12, 2005, appellant was sentenced in Fresno County to a 16-month prison term on his conviction for second degree burglary.

On February 3, 2006, a second petition to revoke appellant's probation was filed alleging that he did not report to probation between October 17, 2005, through October 31, 2005, and his probation was summarily revoked.

On May 23, 2006, appellant admitted violating his probation by failing to report. 

On June 29, 2006, the court sentenced appellant to the midterm of three years.

Gonzales's appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record.  (People v. Wende (1979) 25 Cal.3d 436.)  Gonzales has not responded to this court's invitation to submit additional briefing.

            Following independent review of the record we find that no reasonably arguable factual or legal issues exist.

The judgment is affirmed.

Publication courtesy of California free legal advice.

Analysis and review provided by Carlsbad Property line Lawyers.

^*           Before Levy, Acting P.J., Cornell, J., and Dawson, J.