Filed 10/10/18 P. v. Guadarrama CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
| THE PEOPLE,
Plaintiff and Respondent,
v.
JUAN GUADARRAMA,
Defendant and Appellant.
| D073553
(Super. Ct. No. SCN362936) |
APPEAL from a judgment of the Superior Court of San Diego County, Carlos O. Armour, Judge. Affirmed.
David K. Rankin, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
I.
INTRODUCTION
After pleading guilty to carrying a concealed dirk or dagger (Pen. Code, § 21310),[1] the trial court suspended imposition of sentence and placed Guadarrama on probation for three years, subject to various conditions. Guadarrama thereafter admitted violating the terms of his probation conditions. The trial court revoked probation and sentenced Guadarrama to sixteen months in local prison.
Appointed appellate counsel filed a brief presenting no argument for reversal, but inviting this court to review the record for error in accordance with People v. Wende (1979) 25 Cal.3d 436 (Wende). After having independently reviewed the entire record for error, as required by Anders v. California (1967) 386 U.S. 738 (Anders) and Wende, we affirm.
II.
FACTUAL AND PROCEDURAL BACKGROUND
In December 2016, in an amended complaint, the People charged Juan C. Guadarrama with carrying a concealed dirk or dagger (§ 21310) (count 1), giving false information to a peace officer (§ 148.9, subd. (a)) (count 2), two counts of possessing paraphernalia used for narcotics (Health & Saf. Code, § 11364) (counts 3, 6), possessing a controlled substance (Health & Saf. Code, § 11377, subd. (a)) (count 4), being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)) (count 5), and trespassing by entering and occupying (§ 602, subd. (m)) (count 7). The amended complaint also alleged that Guadarrama had suffered two prison priors (§§ 667.5, subd. (b), 668).
On December 1, 2016, Guadarrama entered into a plea agreement pursuant to which he agreed to plead guilty to possessing a concealed dirk or dagger in exchange for a grant of probation and dismissal of the balance of the complaint and two other cases. The plea agreement also specified that Guadarrama would agree to serve 365 days in custody as a condition of probation, with the possibility of an early release to a residential treatment program after 180 days.
At the plea hearing that same day, Guadarrama agreed that he "unlawfully possessed a dirk or dagger which was concealed on [his] person." The trial court accepted Guadarrama's plea. The People moved to dismiss the balance of the charges in this case as well as the two other cases. The court granted the motions.
At sentencing, in December 2016, the trial court suspended imposition of sentence and placed Guadarrama on probation for three years, subject to various conditions, including that he serve 365 days in local custody. The court specified that Guadarrama could be released to a residential treatment program after serving 90 actual days in local custody.
In December 2017, Guadarrama admitted violating probation. The trial court revoked probation and sentenced Guadarrama to the low term of 16 months in prison on count 1. The court found that Guadarrama was entitled to 379 days of custody credits.
Guadarrama timely filed a document that we construe as a notice of appeal.
III.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings in the trial court. Counsel presented no argument for reversal but invited this court to review the record for error in accordance with Wende, supra, 25 Cal.3d 436. Pursuant to Anders, supra, 386 U.S. 738, counsel identified the following as a possible, but not arguable, issue:
"Whether the trial court erred when it accepted appellant's admission that he violated probation and sentenced him to prison."
After this court received counsel's brief, we gave Guadarrama an opportunity to file a supplemental brief. Guadarrama filed a supplemental brief in which he argues:
"I believe to have given the state more than a county year of the primary plea bargain. In other words, [s]hould have I appealed the probation violation, the court would have seen that, under the plea-bargain I had given the state 379 credits. Thus, surpassing the initial 365 days required under the primary plea. It appears that under the court[']s discretion, the court enhanced a higher penalty involving 16 months . . . ."
A review of the record pursuant to Wende, supra, 25 Cal.3d 436, and Anders, supra, 386 U.S. 738, including the issue suggested by counsel and that discussed by Guadarrama,[2] has disclosed no reasonably arguable appellate issue. Guadarrama has been adequately represented by counsel on this appeal.
IV.
DISPOSITION
The judgment is affirmed.
AARON, J.
WE CONCUR:
McCONNELL, P. J.
HUFFMAN, J.
[1] Unless otherwise specified, all subsequent statutory references are to the Penal Code.
[2] Although the basis for Guadarrama's legal argument is not clear, it appears that he may be contending that because he had already completed serving the time in custody imposed as a probation condition, he could not receive additional time in custody based upon the revocation of his probation. If so, that argument is without merit.
The trial court initially suspended imposition of sentence for Guadarrama's violation of section 21310. Thus, the court retained full sentencing discretion upon the revocation of probation. (See People v. Howard (1997) 16 Cal.4th 1081, 1087.) In revoking Guadarrama's probation, the trial court imposed the low term of 16 months for his violation of section 21310 and gave Guadarrama 379 days of credit for the days he had previously served in custody as a condition of probation.
