Filed 11/1/17 P. v. Smith CA5


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.

BRIAN BRUCE SMITH,

Defendant and Appellant.

F074540

(Super. Ct. No. MF012205A)


OPINION

THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Kenneth G. Pritchard, 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 Brian Bruce Smith appeals his conviction following a plea of no contest to one count of unlawful possession of a firearm by a convicted felon (Pen. Code, § 29800, subd. (a)(1)). After independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
On August 16, 2016, appellant was charged with the following counts: possession of a handgun after having previously been convicted of a felony (§ 29800, subd. (a)(1), count 1); possession of ammunition after having previously been convicted of a felony (§ 30305, subd. (a)(1), count 2); being under the influence of a controlled substance, a misdemeanor (Health & Saf. Code, § 11550, subd. (a), count 3); and possession of a controlled substance without a prescription, a misdemeanor (Bus. & Prof. Code, § 4060, count 4).
As to counts 1 and 2, it was further alleged that appellant had served four separate prior prison terms (§ 667.5, subd. (b)).
On August 23, 2016, pursuant to a negotiated plea, appellant pled no contest to one count of unlawful possession of a firearm after having previously been convicted of a felony (§ 29800, subd. (a)(1)) in exchange for a stipulated term of two years. Counts 2 through 4 and the prior prison term allegations were dismissed in the interests of justice.
On September 27, 2016, the court sentenced appellant to state prison for two years. The court awarded petitioner custody credits of 45 days actual time and 44 days good and work time, for a total of 89 days. The court further ordered appellant to pay a court operations assessment fee in the amount of $40 pursuant to section 1465.8, a court facilities funding in the amount of $30 pursuant to Government Code section 70373, a restitution fine in the amount of $300 pursuant to section 1202.4, subdivision (b), and a restitution fine in the amount of $300 pursuant to section 1202.45, payment of this fine suspended subject to parole or postrelease supervision revocation proceedings.
On October 13, 2016, appellant filed a timely notice of appeal.
Appellant’s appointed 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, supra, 25 Cal.3d 436.) Appellant has not responded to this
court’s invitation to submit additional briefing. Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.