NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.
JIMMY LEON JEFF,
Defendant and Appellant.
|
F076555
(Super. Ct. No. F14910947)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Don Penner, Judge.
Rex Adam Williams, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
Appellant Jimmy Leon Jeff appeals from his conviction for possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)).[1]
FACTUAL AND PROCEDURAL BACKGROUND
On December 2, 2014, California Highway Patrol Officer Corben Whitney observed appellant in the passenger seat of a vehicle that matched the description of a stolen vehicle. Whitney had been informed by the Department of Motor Vehicles investigations commander, Tom Wilson, that a vehicle matching the description of the stolen vehicle had been involved an attempted robbery. On December 3, 2014, following confirmation of the vehicle having been stolen, Investigator Haven’s informed Whitney that he had spotted the vehicle. Appellant was in the driver’s seat of the vehicle. After contact was made with appellant, a stolen revolver handgun was found in the vehicle.
On April 14, 2016, the Fresno County District Attorney filed an amended information charging appellant as follows:
Count 1: attempted robbery (§§ 664 & 211);
Count 2: possession of a firearm by a felon (§ 29800, subd. (a)(1)); and
Count 3: carrying a concealed firearm in the vehicle (§ 25400, subd. (a)(1)). The information further alleged that appellant had a prior serious felony strike conviction and that he served four prior prison terms for felony convictions.
On October 5, 2017, the court granted the people’s motion to dismiss counts 1 for insufficient evidence and to dismiss two of the prior prison term allegations. Appellant pleaded no contest to count 2, possession of a firearm by a felon. He admitted the prior strike conviction, and two prior prison term allegations.
On November 3, 2017, the court sentenced appellant to a term of eight years in prison: three years doubled pursuant to the Three Strikes law, plus two consecutive one-year terms for each of the two prior prison terms. The court imposed a restitution fine of $2,400 (§ 1202.4, subd. (b)), a restitution fine of $2,400 suspended pending future parole revocation (§ 1202.45), a $40 court facility fee and a $30 courtroom assessment fee. The court found appellant was entitled to a total of 2,144 days of custody credits: 1,072 actual credits and 1,072, good time/work time credits.
Appellant filed a notice of appeal in the Fresno County Superior Court on November 8, 2017.
Appellant’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 (1979) 25 Cal.3d 436.) Appellant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Appellant has not responded to this court’s invitation to submit additional briefing.
DISCUSSION
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.
