Filed 11/19/18 P. v. Eddins 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
(Butte)
----
| THE PEOPLE,
Plaintiff and Respondent,
v.
WILBERT JAMES EDDINS,
Defendant and Appellant.
| C086130
(Super. Ct. No. 16CF05841)
|
Appointed counsel for defendant Wilbert James Eddins asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.
BACKGROUND
Defendant was seated in his car in a parking lot and his female victim was standing near him, by her car. He got out of his car and turned to face the victim. His clothing was cut to expose his genitals, and he exposed himself to her in an exaggerated and deliberate manner while maintaining eye contact. He was found to be carrying a glass smoking pipe with 0.33 grams of methamphetamine residue in his jacket.
About a month and a half later, when responding to a disturbance call at the Information Center at Chico State University, law enforcement searched defendant and found two baggies of methamphetamine and some heroin on a piece of paper, a glass pipe for smoking methamphetamine, a Taser, and a slapjack.
An information charged defendant with indecent exposure with a prior indecent exposure conviction (Pen. Code, § 314, subd. (1) -- count 1); two counts of possession of methamphetamine with a prior drug conviction (Health and Saf. Code, § 11377, subd. (a) -- counts 2 and 4); and possession of a billy club (Pen. Code, § 22210 -- count 3). The information further alleged defendant had served six prior prison terms (id., § 667.5, subd. (b)) and had sustained four prior strike convictions (id., §§ 667, subd. (d), 1170.12, subd. (b)).
Defendant pleaded no contest to all four counts, and the trial court dismissed the remainder of the information with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. The parties agreed to a stipulated term encompassing the instant case as well as another case not part of this appeal. In this case, the court sentenced defendant to the agreed-upon term of three years on count 1, and three consecutive terms of eight months for each of counts 2 through 4, and awarded 665 days of presentence custody credit. The court also imposed sentence in the second case and imposed various fines, fees, and assessments.
Defendant timely appealed; he did not seek a certificate of probable cause.
DISCUSSION
Counsel filed an opening brief setting forth the facts of the case and requests that we 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 have elapsed, and we have 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/
Duarte, J.
We concur:
/s/
Blease, Acting P. J.
/s/
Butz, J.
