P. v. Nunez CA4/1
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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
v.
GERMAN MORA NUNEZ,
Defendant and Appellant.
D073140
(Super. Ct. No. JCF37688)
APPEAL from a judgment of the Superior Court of Imperial County, William D. Lehman and Diane B. Altamirano, Judges. Affirmed.
Andrea S. Bitar, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
A jury convicted German Mora Nunez of carrying a concealed dirk or dagger (Pen. Code, § 21310). Nunez was sentenced to a three-year term in local custody. Nunez filed a timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel indicates she has not been able to identify any arguable issues for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Nunez the opportunity to file his own brief on appeal, but he has not responded.
STATEMENT OF FACTS
At about 9:20 p.m. on March 24, 2017, a law enforcement officer observed Nunez coming in and out of a restroom in a park. When Nunez came out for the last time, the officer observed an object sticking out of Nunez's pocket. The officer stopped Nunez, handcuffed him and patted his body. The officer discovered a knife, with black electrical tape wrapped around the handle. The knife was nine inches long overall and had a blade that was 3.5 inches long.
Nunez testified in his own defense. He said he was homeless and that he had the knife in his pocket when he was stopped. Nunez said he regularly used the knife to cut his food.
Nunez also testified he had been stopped by law enforcement before and never had any problem because of the knife. He denied ever using the knife in self-defense.
DISCUSSION
As we have noted, counsel has stated she has been unable to identify any arguable issue for reversal on appeal. Counsel requests this court to review the record for error pursuant to Wende, supra, 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 (Anders). To assist this court in its review, counsel has identified the following possible, but not arguable issues on appeal:
1. Whether there was sufficient evidence to support the conviction for possession of carrying a concealed dirk or dagger; and
2. Whether the trial court erred by failing to either impose a split sentence or to make a specific statement of reasons for not imposing a split sentence.
We have reviewed the entire record pursuant to Wende, supra, 25 Cal.3d 436 and Anders, supra, 386 U.S. 738. We have not identified any arguable issue for reversal on appeal. Competent counsel has represented Nunez on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, J.
WE CONCUR:
McCONNELL, P. J.
GUERRERO, J.
Description | A jury convicted German Mora Nunez of carrying a concealed dirk or dagger (Pen. Code, § 21310). Nunez was sentenced to a three-year term in local custody. Nunez filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel indicates she has not been able to identify any arguable issues for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered Nunez the opportunity to file his own brief on appeal, but he has not responded. |
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