Filed 12/12/17 P. v. Fallis CA3
NOT TO BE PUBLISHED

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Butte)
----




THE PEOPLE,

Plaintiff and Respondent,

v.

DAN CLAYTON FALLIS,

Defendant and Appellant.
C084798

(Super. Ct. No. 17CF00062)






This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).
A complaint charged defendant Dan Clayton Fallis with possession of obscene matter depicting persons under 18 (count 1; Pen. Code, § 311.10 [unless otherwise stated, statutory section references that follow are to the Penal Code]), possession of child or youth pornography (count 2; § 311.11), possession of destructive device (count 3; § 18710, subd. (a)), possession of ingredients to make a destructive device (count 4; § 18720), possession of a short-barreled rifle or shotgun (count 5; § 33210), and possession of an unconventional pistol (count 6; § 31500).
Defendant pleaded no contest to counts 1 and 4 in exchange for dismissal of the remaining counts with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754) and a sentencing “lid” of five years in state prison. The parties stipulated that the probation report would provide the factual basis for the plea.
According to the probation report, on November 21, 2016, law enforcement responded to a report of an explosion in a trailer park, allegedly not the first such event there. The officer found evidence of a recent fire in a parking stall. Nearby in the trailer park, the officer found homemade devices designed to shoot projectiles, a number of chemicals, aluminum foil, and a bag of chlorine tablets. Defendant’s mother, with whom he lived, told the officer that defendant often shot “potato guns” (homemade devices made from piping with one closed end). In a locked storage shed elsewhere in the trailer park, to which defendant possessed the key, in defendant’s trailer itself, and outside the trailer, officers found many more ingredients usable to make destructive devices. A computer located in the storage shed proved to contain a great deal of child pornography, along with evidence that defendant was sharing such files with others.
The trial court imposed an aggregate state prison term of four years (the three-year middle term on count 1 and a consecutive one-year sentence (one-third the middle term) on count 4). The court awarded defendant 256 days of presentence custody credit (128 actual days and 128 conduct days). The court imposed a $3,000 restitution fine (§ 1202.4, subd. (b)) and a matching suspended parole revocation restitution fine (§ 1202.45), an $850 fine as to count 4 (including a base fine and enumerated enhancements; § 672), a $1,240 fine as to count 1 (including a base sex offender fine and enumerated enhancements; § 290.3), a $40 court operations assessment (§ 1465.8), and a $30 criminal conviction assessment (Gov. Code, § 70373).
We appointed counsel to represent defendant on appeal. 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.



HULL , Acting P. J.



We concur:



ROBIE , J.



MAURO , J.