P. v. Arteaga
Filed 8/7/12 P. v. Arteaga CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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.
IN THE COURT OF APPEAL OF THE STATE OF
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff
and Respondent,
v.
ORFIL ARTEAGA,
Defendant
and Appellant.
E055030
(Super.Ct.No. RIF10002902)
OPINION
APPEAL from the Superior
Court of
David K. Rankin, under appointment
by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and
Respondent.
INTRODUCTION
On
June 9, 2010, a complaint charged defendant and appellant Orfil Arteaga with
selling a controlled substance, methamphetamine, under Health and Safety Code
section 11379, subdivision (a) (count 1); and possession of a controlled
substance, methamphetamine, under Health and Safety Code section 11378 (count
2). Moreover, the complaint alleged that
defendant was in violation of probation in case No. RIM536504.
That
same day, defendant pled guilty to count 2.
Defendant also admitted that he violated probation. The plea included an agreement that the
remaining count would be dismissed, and defendant would be sentenced to 120
days. Immediately after the plea, the
trial court granted defendant formal probation for three years and sentenced
defendant to the sheriff’s custody for 120 days. The trial court awarded nine days of
presentence credits, consisting of five actual days and four days of conduct
credits under Penal Code section 4019.
On
January 25, 2011, defendant admitted that he violated term 1 of his probation, to obey
all laws, ordinances, and court orders; probation was continued on the same
terms and conditions.
On
September 13, 2011, defendant admitted that he violated his probation, and the court
revoked his probation order.
On
October 4, 2011,
the trial court imposed the low term of one year four months in county jail for
count 2. The court also awarded
defendant a total of 162 presentence credits.
On
November 18, 2011, defendant filed a timely notice
of appeal.
STATEMENT OF FACTS
On
June 9, 2010,
the trial court found that there was a factual basis for the plea when
defendant admitted that, on or about June 5, 2010, he possessed a usable amount of
methamphetamine for sale, in violation of Health and Safety Code section 11378.
ANALYSIS
After defendant appealed, and
upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority
of People
v. Wende (1979) 25 Cal.3d 436 and Anders
v. California (1967) 386 U.S. 738 setting forth a statement of the case, a
summary of the facts, and potential arguable issues, and requesting this court
to undertake a review of the entire record.
We
offered defendant an opportunity to file a personal
supplemental brief, but he has not done so.
Pursuant to the mandate of People
v. Kelly (2006) 40 Cal.4th 106, we have conducted an
find no arguable issues.
DISPOSITION
The
judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL
REPORTS
MCKINSTER
Acting
P. J.
We concur:
MILLER
J.
CODRINGTON
J.
