Filed 11/19/18 P. v. Dobias 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.
HEATH MICHAEL DOBIAS,
Defendant and Appellant.
|
F076856
(Super. Ct. No. F17900422)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Michael G. Idiart, Judge.
Lynette Gladd Moore, 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 Heath Michael Dobias pled no contest to possession of child pornography with a prior conviction (Pen. Code, § 311.11, subd. (b)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On December 11, 2014, while a resident at Coalinga State Hospital, Dobias went to the patient property room to mail a small stuffed bear that was inside a plastic bag. An officer inspected the bear and asked if it had been in the plastic bag the entire time Dobias possessed it. Dobias replied that it had not and that he placed it in the bag in order to mail it. The officer asked Dobias if there was anything concealed in the bear and Dobias replied that there was not. However, after seeing a loose thread sticking out of a hat that was on the bear, the officer manually examined the hat and felt two thin square objects. The officer scanned the bear with an X-ray machine and confirmed there was something in the hat. He asked Dobias what was in the hat and Dobias admitted there were two memory cards in it that belonged to him and he claimed they were for a PlayStation Portable.
A forensic examination of the memory cards disclosed that they contained approximately 10,237 images of children five to 10 years of age in seductive positions wearing swimsuits, nude or partially nude. Two of the images were clearly child pornography.
On January 25, 2017, the Fresno County District Attorney filed a complaint charging Dobias with the count and “Three Strikes” allegation to which he pled.
On February 10, 2017, Dobias was transferred and booked into the Fresno County jail.
On October 16, 2017, Dobias entered his plea in this matter in exchange for a lid of four years.
On December 4, 2017, the court sentenced Dobias to a doubled middle term of four years.
On January 8, 2018, Dobias filed a timely appeal.
Dobias’s appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Dobias has not responded to this court’s invitation to submit additional briefing. However, in a letter filed on June 13, 2018, appellate counsel requests that this court seal a letter dated October 17, 2017, that Dobias sent to the court for his sentencing. We grant appellate counsel’s request in part.
Further, following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
Appellate counsel’s request to seal the October 17, 2017, letter Dobias sent to the court is granted, in part, as follows. Page five of the letter is sealed in its entirety. Additionally, the trial court is directed to redact the names of any persons and their titles appearing in the first four pages of the letter except for the names of two defense counsel and the district attorney named in the letter. In all other respects, the judgment is affirmed.
* Before Poochigian, Acting P.J., Peña, J. and DeSantos, J.
