Filed 12/28/17 P. v. Medrano 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.

ANGEL MEDRANO,

Defendant and Appellant.

F075090

(Super. Ct. No. BF160928C)


OPINION

THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. John S. Somers, Judge.
Randall Conner, 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 Angel Medrano (appellant) appeals from his conviction following a plea of no contest to one count of violation of Penal Code section 182, subdivision (a)(1), conspiracy to introduce narcotics into a penal institution in violation of section 4573, and his admission to seven prior serious or violent felony convictions within the meaning of sections 667, subdivision (e) and 1170.12, subdivisions (a)-(e).
Appointed counsel for appellant asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We sent a letter to appellant, advising him of his 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 appellant. Finding no arguable error that would result in a disposition more favorable to appellant, we affirm the judgment.
We provide the following brief description of the factual and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On October 31, 2014, Kern Valley State Prison Correctional Officer Salvador Herrera monitored a telephone conversation between an inmate, later identified as appellant, and a woman outside of the prison, later identified as Ashley Kay Carley. Appellant told Carley that he could help make her financial struggles go away, but she needed to come visit his cellmate, “J,” later determined to be Justin Cosnotti.
Herrera monitored another call that occurred on November 1, 2014. The voices were that of Carley and a different male, later determined to be Cosnotti. They acknowledged the previous call and discussed Carley’s need to visit the prison.
On November 12, 2014, Cosnotti urged Carley to call a woman named “Rosie,” later identified as Terry Ann Chavez. A subsequent monitored phone call on November 12, 2014, disclosed that Carley would receive $500 from “Sniper” when she next visited the prison after contacting Chavez. In a November 15, 2014, phone call, Carley stated that she had contacted Chavez.
From the contents of the calls and information contained in prison records, Herrera identified appellant as Sniper, and “J” as Justin Cosnotti. Herrera notified the institution to be on alert for Carley’s visit.
On November 23, 2014, Carley attempted to visit the prison. She was detained and searched. The search revealed four bindles of what was later determined to be heroin.
Carley told Herrera that Cosnotti had given her a note instructing her to contact Chavez. She had met with Chavez in a parking lot prior to visiting the prison. Chavez had given her the bindles and instructed her on how to get them into the prison undetected.
On February 16, 2016, the Kern County District Attorney’s Office charged appellant and codefendants Cosnotti, Carley, and Robert J. Turner (Chavez’s ex fiancé) with conspiracy to introduce narcotics into a penal institution (§§ 182, subd. (a)(1), 4573; count 1), and alleged that appellant had seven prior serious or violent felony convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (c)-(j), 1170.12, subds. (a) (e).)
On November 9, 2016, appellant pled no contest to count 1 and all allegations in exchange for an indicated sentence of four years in state prison.
On December 7, 2016, the court sentenced appellant to serve four years in state prison, calculated as the low term of two years on count 1, doubled to four years by one of appellant’s prior strikes. The court struck the remaining six prior strikes for purposes of sentencing, and ordered that appellant serve the sentence consecutively to his sentence in a prior case, Tulare County Superior Court case No. VCF098960. The trial court ordered appellant to pay a $300 restitution fine (§ 1202.4, subd. (b)), a $300 suspended parole revocation fine (§ 1202.45), a $40 court operations fee (§ 1465.8, subd. (a)(1)), and a $30 conviction assessment fee (Gov. Code, § 70373).
On January 30, 2017, appellant filed a timely notice of appeal.
Our review of the entire record has revealed no arguable issues on appeal.
DISPOSITION
The judgment is affirmed.