P .v. Acosta
Filed 10/14/10 P .v. Acosta CA2/6
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opinion has not been certified for publication or ordered published for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
SECOND
APPELLATE DISTRICT
DIVISION
SIX
THE PEOPLE,
Plaintiff and Respondent,
v.
PAUL JOHN ACOSTA,
Defendant and Appellant.
2d
Crim. No. B224691
(Super.
Ct. No. 2009017467)
(Ventura
County)
Paul John Acosta appeals
from the judgment following his guilty plea to possession of drugs in a jail facility
(Pen. Code, §§ 4573.8)[1],
resisting a peace officer (§ 148,
subd. (a)(1)), and admission that he suffered a prior strike conviction within
the meaning of the Three Strikes law (Pen. Code, §§ 667, subds. (b) – (i);
1170.12, subds. (a) – (d)) and a prior prison term within the meaning of
section 667.5, subdivision (b). The
trial court denied a Romero motion to strike the prior strike conviction
(People v. Superior Court (Romero) (1996) 13 Cal.4th 497) and
sentenced appellant to the low term of sixteen months state prison, doubled to
two years eight months based on the prior strike. The trial court struck the prior prison
term enhancement and ordered appellant to pay a $200 restitution fine
(§ 1202.4, subd. (b)), a $200 parole revocation fine (§ 1202.45), a
$60 court security fee (§ 1465.8), a $60 criminal conviction assessment
(Gov. Code, § 70373), and submit to DNA testing (§ 296, subd.
(a)(1)).
Appellant filed a notice of appeal and a request for
certificate of probable cause which was denied by the trial court. (§ 1237.5, subd. (a).) The request for certificate of probable cause
alleges, among other things, that appellant was denied effective assistance of
counsel.
The probation report
states that appellant, while housed at the Ventura County Jail, failed to exit
his cell when ordered to do so. A deputy
sheriff entered the cell and saw appellant reach under a mattress and throw a
balloon containing 2.2 grams of heroin and rolling papers to a cellmate. Appellant struggled with the deputy and said,
"Fuck Deputy. You fucked me up."
We appointed counsel to represent appellant in this
appeal. After counsel's examination of
the record, he filed an opening brief in which no issues were raised.
On August 27, 2010, we advised appellant that he had
30 days within which to personally submit any contentions or issues he wished us to
consider. No response has been received.
We have reviewed the
entire record and are satisfied that appellant's attorney has fully complied
with his responsibilities and that no arguable
issues exist. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly
(2006) 40 Cal.4th 106, 126.)
The judgment is
affirmed.
NOT TO BE PUBLISHED.
YEGAN,
J.
We
concur:
GILBERT, P.J.
PERREN, J.
Edward F. Brodie, Judge
Superior
Court County
of Ventura
______________________________
California Appellate
Project, under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director and
Richard B. Lennon, Staff Attorney, for Defendant and Appellant. J
No appearance for
Respondent.
Publication Courtesy of California
attorney referral.
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[1] Unless otherwise stated, all statutory
references are to the Penal Code.
