Filed 4/18/18 P. v. Casillas 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
(San Joaquin)
----




THE PEOPLE,

Plaintiff and Respondent,

v.

MANUEL SUE CASILLAS,

Defendant and Appellant.
C084055

(Super. Ct. No. STKCR20169142)




This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436.
An information charged defendant Manuel Sue Casillas with being a felon in possession of a firearm (count 1; Pen. Code, § 29800, subd. (a)(1)), being a felon in possession of ammunition (count 2; § 30305, subd. (a)(1)), being a felon carrying a concealed firearm in a vehicle (count 3; § 25400, subd. (c)(1)), and being a felon carrying a loaded firearm in a vehicle (count 4; § 25850, subd. (c)(1)). The information alleged that defendant had one strike (§ 667, subds. (b)-(i)) and two prior prison terms (§ 667.5, subd. (b)).
A jury convicted defendant on all counts. The trial court thereafter accepted defendant’s admissions to the strike and the prison priors. The parties had previously stipulated that defendant had been convicted of a prior felony.
The trial evidence showed that on the night of July 4, 2016, defendant was stopped on the highway by California Highway Patrol Officer Gregory Barker because of an expired registration. Smelling marijuana inside defendant’s truck and seeing a pipe (which defendant acknowledged was his and had marijuana in it), the officer removed defendant from the truck to search it. During the search, the officer saw a .22-caliber semi-automatic rifle lodged barrel up in a gap between the driver’s side door and the adjoining armrest where an instrument panel had come loose. The officer asked defendant if the firearm was loaded and how it could be removed safely. Defendant said the firearm was loaded but the safety was on, and the firearm could safely be extracted by reaching down into the gap and pulling it out. On doing so, the officer found the magazine was fully loaded and there was a live round in the chamber. The firearm’s barrel was less than 16 inches long and capable of being concealed on the person.
The trial court denied probation and sentenced defendant to a total term of five years in state prison, consisting of the middle term of two years on count 1, doubled for the strike, plus one year consecutive for one prior prison term, with sentence on counts 2 through 4 imposed but stayed pursuant to section 654. The court struck the second prior prison term enhancement. The court awarded defendant 378 days of presentence custody credit (189 actual days & 189 conduct days). The court ordered a $300 restitution fine (§ 1202.4, subd. (b)), a matching suspended parole revocation restitution fine (§ 1202.45), a $160 court operations assessment (§ 1465.8), and a $120 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. (People v. 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/
Blease, Acting P. J.


We concur:



/s/
Murray, J.



/s/
Renner, J.