Filed 12/17/18 P. v. Kaelin 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
(San Joaquin)
----
| THE PEOPLE,
Plaintiff and Respondent,
v.
ROBERT CONRAD KAELIN,
Defendant and Appellant.
| C087303
(Super. Ct. No. STK-CR-FE-COD-2017-16966)
|
Appointed counsel for defendant Robert Conrad Kaelin asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.
I
Officers Sheldon and Dominguez were on patrol when they saw a car that matched a vehicle suspected to have been involved in a recent shooting. Officer Dominguez recognized the driver, DeAndrew Jordan, one of the identified shooters. The officers stopped the vehicle because there was a $1,000,000 felony arrest warrant for Jordan. Defendant was a passenger in the vehicle, along with two other people. A search of the vehicle recovered a .40-caliber Hi-Point rifle and a .40-caliber Glock 22 loaded with a high capacity magazine. Defendant was on probation, and there was evidence that he was a member of the North Side Gangster Crip criminal street gang.
A complaint charged defendant with 7 firearm related counts, and further alleged defendant had a prior strike conviction, the crimes were committed for the benefit of a criminal street gang, and defendant was an active participant in a street gang. In exchange for an agreed upon sentence of three years in prison, defendant pleaded no contest to possession of a firearm with a prior conviction for a specified violent offense (Pen. Code, § 29900, subd. (a)(1)), along with misdemeanor criminal street gang activity (Pen. Code, § 186.22, subd. (a)). The trial court dismissed the remaining counts and allegations.
In accordance with the plea agreement, the trial court sentenced defendant to three years on the firearm conviction and a concurrent one year for the misdemeanor gang conviction, awarded him 312 days of presentence credit, and imposed various fines and fees.
II
Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (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 the opening brief. More than 30 days elapsed and we 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/
MAURO, J.
We concur:
/S/
BLEASE, Acting P. J.
/S/
MURRAY, J.
