Filed 8/30/17 P. v. Hogan CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(Butte)
----
| THE PEOPLE,
Plaintiff and Respondent,
v.
TRAVIS LEE HOGAN,
Defendant and Appellant.
|
C083343
(Super. Ct. No. 16CF03956)
|
Appointed counsel for defendant Travis Lee Hogan has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After reviewing the entire record, we found no arguable error that would result in a disposition more favorable to defendant. We affirm the judgment.
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On August 21, 2016, around 11:05 p.m., police were dispatched to a residence because defendant was creating a disturbance and refusing to leave. Officers contacted defendant outside the residence, where he explained he was going through a divorce and wanted to stay at his mother’s house. His mother, however, had refused to let him stay and called the police. Since defendant was the subject of an outstanding misdemeanor warrant, he was taken into custody. A search of his person disclosed two fixed-blade knives, 2.1 grams of methamphetamine, and a used hypodermic needle found inside his backpack.
On August 24, 2016, defendant was charged with carrying a dirk or dagger (Pen. Code, § 21310; count 1),[1] possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 2), and possession of drug paraphernalia (Health & Saf. Code, § 11364, subd. (a); count 3). As to count 1, it was alleged defendant had sustained a prior strike conviction (§§ 1170.12, subd. (b), 667, subds. (b)-(j)), and had served two prior prison terms (§ 667.5, subd. (b)).
Defendant pleaded no contest to count 1 and admitted one prior prison term, with the agreement the other charges and enhancements, along with a separate misdemeanor case, would be dismissed with a Harvey waiver.[2] At the October 5, 2016 sentencing hearing, the trial court imposed the upper term of three years, plus one year for the prior prison term enhancement, for an aggregate sentence of four years. The trial court also imposed various fines and fees, including a $200 fine (§ 672), a $1,200 restitution fine (§ 1202.4), a $1,200 parole revocation fine (stayed) (§ 1202.45), a $40 court operations fee, and a $30 criminal conviction fee. Defendant was also awarded 92 days of presentence custody credit.
Defendant appeals. His request for a certificate of probable cause was denied. (§ 1237.5.)
Appointed counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
/s/
HOCH, J.
We concur:
/s/
NICHOLSON, Acting P. J.
/s/
MAURO, J.
