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Judy G. Fridkis, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
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Benito Sandoval appeals from the judgment entered following an order terminating his felony probation and immediately executing the previously suspended three-year state prison sentence resulting from his earlier no contest plea to possession of a weapon in jail.
A felony complaint filed on December 2, 2004, charged Sandoval with possession of a shank while confined in the PitchessDetentionCenter in violation of Penal Code section 4574, subdivision (a), a felony. On March 10, 2005, the People filed an amended complaint, adding the special allegation that Sandoval had suffered a prior serious or violent felony conviction (robbery) within the meaning of the â€
Description
felony complaint filed on December 2, 2004, charged Defendant with possession of a shank while confined in the Pitchess Detention Center in violation of Penal Code section 4574, subdivision (a), a felony. On March 10, 2005, the People filed an amended complaint, adding the special allegation that Sandoval had suffered a prior serious or violent felony conviction (robbery) within the meaning of the "Three Strikes" law (Pen. Code, SS 667, subds. (b) (i), 1170.12, subds. (a) (d)). On April 21, 2005, Sandoval entered a negotiated plea of no contest to violating Penal Code section 4574, subdivision (a), a felony. The court sentenced Sandoval to the middle term of three years in state prison, suspended execution of sentence, and placed Sandoval on three years of formal probation. Among the probation conditions was that Sandoval "not own, use or possess any dangerous or deadly weapons, including any firearms, knives or other concealable weapons," and that he "submit [his] person and property to search or seizure at any time of the day or night by any law enforcement officer or by [sic] probation officer with or without a warrant." The court imposed a restitution fine of $200 and a $200 parole revocation fine that was suspended pursuant to Penal Code section 1202.45. The court struck the prior "strike" allegation on the People's motion.
Court have examined the entire record and are satisfied Defendant's attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (Nov. 27, 2006, S133114) ___ Cal.4th ___; People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
