Filed 8/24/18 P. v. Mairose CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. MARK ALAN MAIROSE, Defendant and Appellant.

H044853 (Monterey County Super. Ct. No. SS160611A)

Defendant Mark Alan Mairose was convicted of misdemeanor possession of an ingestion device (Health & Saf. Code § 11364, subd. (a)) and two counts of felony failure to appear while on bail (Pen. Code § 1320.5).

On appeal, Mairose’s appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that raises no issue. We notified Mairose of his right to submit written argument on this own behalf within 30 days. The 30-day period has elapsed and we have not received written argument from Mairose.

Pursuant to Wende, we have reviewed the entire record and find that there is no arguable issue on appeal. We affirm the judgment.^[1]

1. STATEMENT OF THE FACTS AND CASE

On April 9, 2016, Monterey County Sheriff’s deputies executed a search warrant at a home where Mairose was staying. Mairose was inside his bedroom sleeping, and did not immediately open the locked door when deputies attempted to enter the room. Deputies forced the door open and detained Mairose. Deputies found four shotgun shells, a .38-caliber round of ammunition, and a methamphetamine pipe in the bedroom. They also found a methamphetamine pipe in Mairose’s pocket. In the garage of the home, deputies found a syringe containing a brownish liquid that tested positive for opiates.

The deputies advised Mairose of his Miranda[2] rights, and he admitted that the syringe belonged to him. Mairose told the deputies that he knew he was not allowed to have ammunition because of his past convictions.

On June 2, 2017, Mairose was charged with being a felon in possession of ammunition (Pen. Code § 30305, subd. (a)(1); count one); resisting or obstructing a peace officer (Pen. Code § 148, subd. (a)(1); count two); possession of an ingestion device (Health & Saf. Code § 11364, subd. (a), a misdemeanor; count three); and two felony counts of failure to appear while on bail (Pen. Code § 1320.5; counts four and five). The information further alleged that as to each felony count, Mairose had suffered four prison priors (Pen. Code § 667.5, subd. (b)), and that as to each count of failure to appear while on bail, Mairose had committed a new offense. (Pen. Code § 12022.1, subd. (b).)

Mairose testified at trial that at around 11:00 a.m. on April 9, 2016, he woke up to the sound of pounding and yelling at his bedroom door. He was staying in his sister’s bedroom at his parents’ home at the time. Many family members stored their property in the room, including his sister, his parents, and his grandparents.

Deputies broke down the door and dragged Mairose out of the room face down. Mairose was handcuffed and taken outside while deputies searched the house. A deputy came outside and told Mairose that they had found ammunition in the house. Mairose told the deputy that he had never seen ammunition in the bedroom where he was staying and that he did not know of any ammunition in the house. Mairose said that members of his family had owned guns in the past.

The deputies searched Mairose and found a broken methamphetamine pipe in the pocket of his pants. They also found a syringe in the garage that Mairose said had nothing inside of it.

While Mairose was released on bail, he missed a court date on August 30, 2016, and went to the court clerk’s office to try to put himself back on calendar. Mairose missed another court date on September 27, 2016.

Mairose’s father testified that he owned several shotguns and a .22 pistol in the past, and currently owns two antique shotguns and some ammunition. He keeps the shotguns locked in his closet. Mairose’s father said that the shotgun shells that the deputies found in the bedroom look like shells he had purchased. He also said that Mairose stays in the bedroom off and on and that he was sleeping there on April 9, 2016.

On June 7, 2017, Mairose was found guilty following a jury trial of count three (Health & Saf. Code § 11364, subd. (a)), four and five (Pen. Code § 1320.5); he was acquitted of counts one (Pen. Code § 30305, subd. (a)(1)) and two (Pen. Code § 148, subd. (a)(1)). On June 9, 2017, the prosecution moved to strike the on-bail enhancements as to counts four and five (Pen. Code § 12022.1, subd. (b)). The court found the four prison priors to be true. (Pen. Code § 667.5.)

On July 20, 2017, the court sentenced Mairose to an aggregate term of seven years and eight months. The court ordered that two years of the term would be satisfied by mandatory supervision, and the balance of the time would be served in county jail pursuant to Penal Code section 1170, subdivision (h).

Mairose filed a timely notice of appeal on July 20, 2017.

2. DISCUSSION

We have conducted an independent review of the record pursuant to Wende, and find that there is no arguable issue on appeal.

3. DISPOSITION

The judgment is affirmed.