Filed 6/30/17 P. v. Hogle CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

KENNETH ARTHUR HOGLE,

Defendant and Appellant.
H044090
(Santa Clara County
Super. Ct. Nos. B1582545, B1582916,
C1640045)
Defendant Kenneth Arthur Hogle seeks appellate review of a judgment and orders sentencing him to three years in prison. His appeal arises from three separate criminal complaints. In the first case, case No. B1582545, defendant pleaded no contest on December 15, 2015 to selling or offering to sell methamphetamine (Health & Saf. Code, § 11379, subd. (a)), based on his offer to sell methamphetamine to an undercover police officer on September 17, 2015. In exchange for his plea, he would receive a maximum sentence of one year in county jail.
In case No. B1582816, defendant was convicted of possession of methamphetamine for sale, based on a stop and search on November 17, 2015, in which officers found 3.77 grams of methamphetamine in defendant’s backpack, along with baggies, a scale, marijuana, and cash. Text messages on his cell phone reflected drug sales. (Health & Saf. Code, § 11378.) Upon being arrested—and later in an interview with the probation officer—defendant admitted having sold methamphetamine for a few months before being arrested. Defendant pleaded no contest to this charge at the same proceeding as case No. B1582545.
On April 28, 2016, defendant was sentenced together on both of these cases. The court suspended imposition of sentence and placed defendant on formal probation for three years. For each case the court imposed various conditions, including the service of six months in jail, with a surrender date of May 27, 2016. In case No. B1582545 defendant was also ordered to pay various fees, fines, and penalty assessments.
Probation was revoked in both of these cases on June 20, 2016 after defendant failed to surrender on the appointed date of May 27, 2016.
On June 28, 2016, defendant pleaded guilty in a new case, case No. C1640045, to furnishing marijuana to a minor 14 years or older, a violation of Health and Safety Code section 11361, subdivision (b). He also admitted that he had violated probation in the prior cases based on this new offense. The negotiated plea in case No. C1640045 called for dismissal of six other counts of the complaint and a sentence of three years in prison for both this offense and the probation violations in case Nos. B1582545, B1582816, and another case, case No. B1683906.
On August 25, 2016, defendant was sentenced in accordance with the plea agreement in case No. C1640045 to the lower term of three years in prison. A $300 restitution fine was imposed along with other assessments. Probation in case Nos. B1582545 and B1582816 was reinstated and terminated. Defendant filed a timely notice of appeal from the orders in case Nos. B1582545 and B1582816, and a separate timely notice of appeal from the judgment in case No. C1640045.
Appointed appellate counsel has filed an opening brief that states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf but has not availed himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, 123-124, we have carefully reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgment in case No. C1640045 and orders in case Nos. B1582545 and B1582816 are affirmed.




_________________________________
ELIA, ACTING P. J.

WE CONCUR:



_______________________________
BAMATTRE-MANOUKIAN, J.



_______________________________
MIHARA, J.