Filed 9/11/17 P. v. Manzanares CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE,
Plaintiff and Respondent,
v.
ERIC MANZANARES,
Defendant and Appellant.
|
(Super. Ct. No. DF012247B)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, Judge.
Lindsay Sweet, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
Appellant Eric Manzanares pled no contest to possession of heroin in prison (Pen. Code, § 4573.6/count 1)[1] and he admitted allegations that he had a prior strike within the meaning of the “Three Strikes” law (§ 667, subds. (b)-(i)). Following independent review pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On August 6, 2015, at approximately 11:30 a.m., Kern Valley State Prison Correctional Officer Mario Lozano conducted a search of the cell where Manzanares and fellow inmate Jose Louis Olea were housed. Ten minutes prior to the search, Manzanares was removed from the cell so he could attend a disciplinary hearing. Lozano then went to Manzanares’s cell to conduct the search and instructed Olea to exit. Olea immediately turned around and grabbed some items from a desk. Lozano instructed Olea to put the items back. Olea put some of the items back, but also put something in his mouth. Lozano conducted a clothed body search of Olea but did not find anything. He had Olea open his mouth but Olea had swallowed whatever he had placed there.
Lozano inspected the desk area where Olea placed some items and found a spoon with heroin residue and a hypodermic syringe. He searched the lower bunk in the cell and discovered another spoon with heroin residue and a hypodermic syringe that contained a liquid. Inside a locker that did not have doors, Lozano found, in plain view, two small bindles wrapped in clear plastic that contained black tar heroin.
On December 23, 2015, the Kern County District Attorney filed an information that, in pertinent part, charged Manzanares with possession of heroin in prison, possession of drug paraphernalia in prison (§ 4573.8/count 2), and with the Three Strikes allegations he admitted.
On December 28, 2015, the court granted Manzanares’s Faretta[2] motion to represent himself.
On April 8, 2016, Manzanares entered his plea as noted above, in exchange for the dismissal of count 2 and a stipulated prison term of four years, consecutive to the sentence he was currently serving. After Manzanares waived the preparation of a probation report, the court sentenced him to the stipulated four-year prison term, the lower term of two years doubled, consecutive to the term Manzanares was already serving.
Manzanares’s appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Manzanares has not responded to this court’s invitation to submit additional briefing.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.
