P. v. Kroeger
Filed 7/2/08 P. v. Kroeger CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. JOHN ALFRED KROEGER, Defendant and Appellant. | F054248 (Super. Ct. No. F07904998) O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Houry A. Sanderson, Judge.
Stephen Merritt Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
-ooOoo-
In April 2007, a citizen informant advised the Fresno County Sheriffs Department of a possible marijuana garden in the Squaw Valley area by a residence where appellant, John Alfred Kroeger, lived.
In May 2007, a detective flew over the area and observed approximately 5,000 marijuana plants.
In June 2007, sheriff deputies went to the garden, saw thousands of plants, and set up a surveillance camera.
On June 28, 2007, members of the Fresno County Sheriffs Department SWAT team served a warrant at Kroegers residence. The officers found a shotgun in a building attached to Kroegers residence and a single 20 gauge shotgun shell on top of a dresser drawer in the master bedroom. The officers also found a total of 6,131 marijuana plants in a small marijuana garden located near the access road to Kroegers property and a large garden on the adjacent property.
On June 29, 2007, the district attorney filed a complaint charging Kroeger with one count each of cultivating more than 500 plants of marijuana (Health & Saf. Code, 11358), possession of marijuana for sale (Health & Saf. Code, 11359), possession of a firearm by a felon (Pen. Code, 12021, subd. (a)(1)), and possession of ammunition by a felon (Pen. Code, 12316, subd. (b)(1)).
On September 25, 2007, Kroeger pled guilty to being a felon in possession of ammunition in exchange for the dismissal of the remaining counts and a lid of 16 months.
On October 24, 2007, the court denied probation and sentenced Kroeger to the mitigated term of 16 months.
Kroegers appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Kroeger has not responded to this courts invitation to submit additional briefing.
Following independent review of the record we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.
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*Before Cornell, Acting P.J., Gomes, J., and Dawson, J.
