P. v. Sanchez-Macias
Filed 3/9/11 P. v. Sanchez-Macias CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
| THE PEOPLE, Plaintiff and Respondent, v. JOSE SANCHEZ-MACIAS, Defendant and Appellant. | D057598 (Super. Ct. No. SCN275878) |
APPEAL from a judgment of the Superior Court of San Diego County, Robert J. Kearney, Judge. Affirmed.
Jose Sanchez-Macias entered a negotiated guilty plea to one count of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). The plea agreement provided Sanchez-Macias would receive ninety (90) days in custody as a condition of probation and that the remaining charge of the complaint -- possession of methamphetamine for sale (Health & Saf. Code, § 11378) -- would be dismissed.
At sentencing on June 1, 2010, imposition of sentence was suspended for three years and Sanchez-Macias was placed on formal probation, which could be converted to summary probation if approved by the Probation Department after 18 months of formal probation, if successfully completed. Sanchez-Macias was given credit for time served of 93 days. The court ordered Sanchez-Macias to pay an $800 fine, which was satisfied by credit for time served, and to pay $200 in restitution and probation revocation fines pursuant to Penal Code sections 1202.4, subdivision (b) and 1202.44, respectively. The court also ordered payment of a $30 court security fee and a $30 criminal conviction assessment fee. Notice of appeal was filed on June 14, 2010. A certificate of probable cause was granted.
FACTS
On April 16, 2010, Sanchez-Macias was contacted by San Diego Sheriff's deputies for drinking in public. During his detention, Sanchez-Macias was observed to discard a cigarette box. When the box was retrieved and searched by deputies, four small bindles were discovered, each containing .17 grams of methamphetamine. A search of Sanchez-Macias's person uncovered another .17 grams of methamphetamine. Also found on Sanchez-Macias's person was $350 in United States currency.
As part of his plea agreement, Sanchez-Macias admitted he unlawfully possessed a usable amount of a controlled substance -- methamphetamine.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible but not arguable issues, whether: (1) Sanchez-Macias's guilty plea was constitutionally valid; and (2) Sanchez-Macias was properly advised that the plea would result in his deportation or exclusion from the United States.
We granted Sanchez-Macias permission to file a brief on his own behalf. He has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Sanchez-Macias has been adequately represented by counsel on appeal.
DISPOSITION
The judgment is affirmed.
IRION, J.
WE CONCUR:
McCONNELL, P. J.
HUFFMAN, J.
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