P. v. Shellmire
Filed 4/14/06 P. v. Shellmire CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977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
SECOND APPELLATE DISTRICT
DIVISION EIGHT
| THE PEOPLE, Plaintiff and Respondent, v. BILLY SHELLMIRE, Defendant and Appellant. | B182022 (Los Angeles County Super. Ct. Nos. YA060253) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Francis J. Hourigan, Judge. Affirmed.
Dennis L. Cava, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
_________________________
On the night of November 29, 2004, two Gardena police officers stopped a car driven by Billy Devon Shellmire because the car had a broken tail light. After the officers asked to see Shellmire's driver's license, Shellmire admitted that his license had been suspended. The officers found six counterfeit $100 bills in Shellmire's pants pockets, and a billy club under the car's driver's seat. Shellmire was charged with six counts of possessing forged bills (Pen. Code, § 475, subd. (a))[1], one count of possessing a deadly weapon (§ 12020, subd. (a)(1)), and one misdemeanor count of driving with a suspended license. (Veh. Code, § 14601.1, subd. (a).) The information also alleged that Shellmire had one prior conviction in 2002 (making terrorist threats under section 422) for purposes of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) At the time of his arrest on these offenses, Shellmire was serving out five years of a felony probationary term for his 2002 terrorist threat conviction.
Shellmire eventually accepted a plea bargain whereby all counts were dismissed except for one forgery charge, with the 16-month low term on that count doubled to 32 months under the Three Strikes law. At the same time, Shellmire admitted he had violated probation and gave up his right to a probation revocation hearing. The court revoked probation in the 2002 terrorist threat case and imposed a low-term sentence of 16 months, to run concurrently with the 32-month sentence on the new forgery count.
Shellmire has appealed. On October 24, 2005, his appointed lawyer filed a brief in which no issues were raised. The brief included a declaration stating that counsel had informed Shellmire about counsel's evaluation of the case and had advised Shellmire of his right to file a supplemental brief. On October 25, 2005, we sent a letter to Shellmire stating that he had 30 days to submit by brief or letter any contentions he wished us to consider. To date, he has not done so. We have examined the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259; People v. Wende (1979) 25 Cal.3d 436.) The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
RUBIN, J.
We concur:
COOPER, P. J. FLIER, J.
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[1] All further undesignated section references are to the Penal Code.
