Filed 8/4/17 P. v. Luna CA3
NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(Sacramento)
----




THE PEOPLE,

Plaintiff and Respondent,

v.

DAVID LUNA,

Defendant and Appellant.
C083990

(Super. Ct. No. 16FE011703)



Appointed counsel for defendant David Luna has asked us to review his conviction pursuant to People v. Wende (1979) 25 Cal.3d 436. Finding no error that could arguably benefit defendant, we affirm.
BACKGROUND
On June 14, 2016, Sacramento Police Officer Steven Andreazzi responded to a report that a person was hitting the wall of an elementary school building. School was not in session. As he approached the building, Andreazzi heard banging coming from a “portable” classroom. Andreazzi followed the sound and saw defendant standing next to the building.
Officer Andreazzi drew his weapon and told defendant to show his hands. Defendant raised his hands then walked away and jumped over a chain link fence. Officer Andreazzi and his partner chased defendant. When Officer Andreazzi caught up with defendant in the school parking lot, he directed defendant to stop and get on the ground. Defendant complied.
Andreazzi detained defendant, who identified himself as Manuel Chavez. Andreazzi’s partner, however, recognized defendant and knew he was not Manuel Chavez. Andreazzi searched defendant and found a toy cap gun on his person. Jammed into the toy gun was a live round of ammunition.
Officer Nathaniel Reason investigated the incident. He found a hole in the wall of the portable classroom. The hole was approximately two and a half feet in diameter at knee level and went through to the inside of the building. Inside the classroom, on a bookshelf against the wall with the hole in it, Reason found a long black hatchet with a brown handle.
The People charged defendant with second degree burglary (Pen. Code, § 459), possession of ammunition (§ 30305, subd. (a)(1)), resisting a peace officer (§ 148, subd. (a)(1)), and providing a false identity to a peace officer (§ 148.9, subd. (a)). The People further alleged defendant was previously convicted of a strike offense. (§§ 1170.12 & 667, subds. (b)-(i).)
Defendant later moved for new counsel under People v. Marsden (1970) 2 Cal.3d 118. The trial court denied his motion. Following the denial of his Marsden motion, defendant pleaded guilty to second degree burglary and admitted he was previously convicted of a strike offense. Defendant subsequently filed a motion asking the trial court to strike his prior strike offense under People v. Superior Court (Romero) (1996) 13 Cal.4th 497, which the court denied.
The trial court sentenced defendant to an aggregate term of 32 months in state prison. The court ordered defendant to pay the minimum mandatory fines and fees and awarded him 336 days of presentence custody credits. The People moved to dismiss the balance of the charges.
Having obtained a certificate of probable cause, defendant appeals from his conviction.
DISCUSSION
Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.




/s/
Duarte, J.



We concur:



/s/
Robie, Acting P. J.




/s/
Butz, J.