Filed 12/22/05 P. v. Teran CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE,
Plaintiff and Respondent,
v.
RALPH ISSAC TERAN, Defendant and Appellant.
|
F047886
(Super. Ct. No. MCR016182)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Madera County. Jennifer R.S. Detjen, Judge.
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.
-ooOoo-
On January 6, 2005, appellant Ralph Issac Teran, pled no contest to one count of possession of methamphetamine (Health & Saf. Code, § 11378). Teran admitted a gang enhancement (Pen. Code, § 186.22, subd. (b)(1)) and a prior serious felony conviction within the meaning of the three strikes law. Teran was admonished with and waived his constitutional rights pursuant to Boykin/Tahl.[1] The plea agreement included a stipulated sentence of seven years. The trial court appointed new counsel to investigate whether Teran had grounds to withdraw his plea. Teran ultimately did not wish to withdraw his plea.
The trial court sentenced Teran to two years for the possession count which it doubled to four years pursuant to the three strikes law. The court imposed a consecutive three-year term for the gang enhancement for a total prison term of seven years. The court imposed a restitution fine, ordered direct victim restitution, and granted Teran applicable custody credits.
Teran's appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that Teran was advised he could file his own brief with this court. By letter on August 1, 2005, we invited Teran to submit additional briefing. To date, he has not done so.
After independent review of the record, we have concluded no reasonably arguable legal or factual argument exists.
DISPOSITION
The judgment is affirmed.
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