P. v. Lopez
Filed 4/28/06 P. v. Lopez CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. JOSE LEONEL LOPEZ, Defendant and Appellant. | H029443 (Santa Clara County Super. Ct. Nos. CC460798, CC465948) |
Defendant Jose Leonel Lopez was charged by information No. CC460798 filed December 22, 2004, with possessing marijuana for sale (Health & Saf. Code, § 11359; count 1),[1] possessing methamphetamine (§ 11377, subd. (a); count 2), misdemeanor being under the influence of a controlled substance (§ 11550, subd. (a); count 3), and misdemeanor possessing controlled substance paraphernalia (§ 11364, count 4). The information further alleged that defendant had a prior strike (Pen. Code, § 1170.12), and had served three prior prison terms (Pen. Code, § 667.5, subd. (b)). In addition, defendant was charged by information No. CC465948, filed the same day, with receiving stolen property (Pen. Code, § 496, subd. (a); count 1), petty theft with specified priors (Pen. Code, § 666; count 2), misdemeanor obstructing an officer (Pen. Code, § 148, subd. (a)(1); count 3), and misdemeanor possessing a switchblade knife (Pen. Code, § 653k; count 4). The information also alleged that defendant had a strike prior and had served three prior prison terms.
On February 15, 2005, pursuant to an indicated sentence of 32 months with a waiver of all prior custody credits, defendant pleaded no contest to all counts in information No. CC460798, and to counts 1 and 4 in information No. CC465948, and admitted the prior allegations in information No. CC460798. On April 20, 2005, defendant withdrew his plea, the prosecutor moved to dismiss counts 2 and 3 in information No. CC465948, and defendant pleaded no contest to the remaining counts in both informations and admitted all prior allegations pursuant to an indicated sentence of 32 months starting from February 15, 2005.
The probation report states that defendant has 12 felony and 33 misdemeanor convictions, and that the probation officer agreed with the court's indicated sentence. On August 19, 2005, the court reduced count 1 in information No. CC465948 to a misdemeanor (Pen. Code, § 17), struck the prison priors, and sentenced defendant to 32 months in state prison with 294 days custody credits. County jail sentences on the misdemeanor counts were ordered to run concurrent to the prison sentence. Defendant filed a timely notice of appeal as to both cases. (Cal. Rules of Court, rule 30(b)(4)(B).)
We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief that states the cases and facts but raises no issue. We notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no written response from defendant. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.
The judgments are affirmed.
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Bamattre-Manoukian, ACTING P.J.
WE CONCUR:
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MCADAMS, J.
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DUFFY, J.
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[1] Further statutory references are to the Health and Safety Code unless otherwise specified.
