P. v. Maldonado
Filed 11/12/08 P. v. Maldonado CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION SEVEN
THE PEOPLE, Plaintiff and Respondent, v. JESSE MALDONADO, Defendant and Appellant. | B204200 (Los Angeles County Super. Ct. No. KA079193) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Mike Camacho, Judge. Affirmed.
Syda Kosofsky, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
_____________________
INTRODUCTION
Defendant Jesse Maldonado appeals from the judgment entered after a jury convicted him of possession for sale of methamphetamine. We appointed counsel to represent him on appeal. After examining the record, counsel filed a request for independent review of the record for arguable issues pursuant to People v. Wende(1979) 25 Cal.3d 436.
FACTUAL AND PROCEDURAL BACKGROUND
Defendant consented to a parole search of his person and his residence, and police found a baggie of methamphetamine on his person and 6.23 grams of methamphetamine, an electronic scale, and five empty baggies in his residence. Defendant was arrested and thereafter charged by information with one count of possession for sale of methamphetamine (Health & Saf. Code, 11378). The information further alleged defendant had suffered one prior serious or violent felony conviction within the meaning of the Three Strikes law (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), as well as one prior felony narcotics conviction (Health & Saf. Code, 11370.2, subd. (a)), and he had served three separate prison terms for felonies (Pen. Code, 667.5, subd. (b)).
Jury trial commenced on the substantive offense. The trial court agreed to a bifurcated trial on the special allegations, and defendant waived jury trial. His motion for judgment of acquittal (Pen. Code, 1118.1) was denied.
The jury found defendant guilty of possession of methamphetamine for sale, rejecting his defense that he had possessed the methamphetamine solely for personal use. Following a court trial, defendant was convicted of the special allegations. The trial court heard and denied his motions for a new trial on the substantive offense and to dismiss, pursuant to Penal Code section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497, his prior strike conviction for robbery.
The trial court sentenced defendant to an aggregated state prison term of nine years, consisting of the upper three-year term doubled under the Three Strikes law, plus a three-year term for the prior felony narcotics conviction enhancement. Sentencing on the one-year prior prison term enhancements was stayed. Defendant received presentence custody credit of 295 days (197 actual days and 98 days of conduct credit). The court ordered defendant to pay a $200 restitution fine. A parole revocation fine was imposed and suspended pursuant to Penal Code section 1202.45. Defendant timely appealed.
DISCUSSION
On July 23, 2008, we advised defendant he had 30 days within which to personally submit any contentions or issues he wished us to consider. We have received no response to date.
We have examined the entire record and are satisfied defendants attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106, 118-119; People v. Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED
JACKSON, J.
We concur:
WOODS, Acting P. J. ZELON, J.
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