Filed 7/26/17 P. v. Franks CA1/3
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE


THE PEOPLE,
Plaintiff and Respondent,
v.
SCOTT LEON FRANKS,
Defendant and Appellant.

A150819

(Mendocino County
Super. Ct. No. SC 17888801)


Scott Leon Franks appeals following his guilty plea to a single count of possession of a firearm by a previously convicted felon in violation of Penal Code section 29800, subdivision (a)(1). His court-appointed counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) to determine whether there are any arguable issues on appeal. We conclude there are no issues requiring further review and affirm.
BACKGROUND
The probation report shows that Franks was apprehended by Ukiah police who were investigating reports that a man was looking into the windows of parked cars. They found Franks in a covered porch. He was sweating and breathing heavily, and a bicycle was nearby. He was identified as the person looking into the parked cars. Officers searched his backpack and found a flare gun, flares and a bolt cutter. He was arrested.
A complaint charged Franks with one count of carrying a concealed firearm by a person previously convicted of a felony in violation of section 25400, subdivision (c)(1), one count of possession of a firearm by a previously convicted felon in violation of section 29800, subdivision (a)(1), and a special allegation that Franks had served a prior prison term for a serious felony prescribed in section 667.5. In a negotiated disposition, Franks entered a no contest plea to the charge that he was a felon in possession of a firearm. The count alleging that he carried a concealed weapon and the special allegation were dismissed.
Pursuant to the agreement, Franks was placed on probation for three years with a condition that he serve 120 days in county jail with pre-sentence credit for 48 days. The court imposed a $300 restitution fine under section 1202.4, imposed and stayed a $300 fine under section 1202.44, and imposed a $40 security fee and $30 criminal conviction fee. Among conditions of probation are several that appear related to Franks’ past affiliation with a Bakersfield criminal street gang. His appeal was timely.
DISCUSSION
Franks’ counsel has represented that he advised Frank of his intention to file a Wende brief in this case and of Franks’ right to submit supplemental written argument on his own behalf. He has not done so. Franks has also been advised of his right to request that counsel be relieved.
Franks’ plea appears from the record to be free and voluntary. His sentencing was in accord with his plea, and the gang-related conditions of probation appear related to his involvement with a criminal street gang. Fees were imposed in lawful measure.
Our full review of the record reveals no issue that requires further briefing.
DISPOSITION
The judgment is affirmed.
 

_________________________
Siggins, J.


We concur:


_________________________
McGuiness, P.J.


_________________________
Pollak, J.




























People v. Franks, A150819