P. v. Perez

Filed 5/2/08 P. v. Perez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 COURT^*

APPEAL from a judgment of the Superior Court of Kern County. Gary A. Ingle, Judge.

William Davies, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

-ooOoo-

INTRODUCTION

Appellant Vicente Perez was sentenced to 16 months in prison after pleading guilty to possession of a syringe by an inmate. He has filed an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. We will affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant was an inmate at the Shafter Community Correction Facility. At 12:45 p.m. on January 18, 2007, correctional officers entered a dormitory where appellant was housed. They observed appellant and other inmates sitting on a bunk. As the officers approached, the inmates ducked down behind the bunk. The officers ordered the inmates to the wall. Appellant reached into his waistband and appeared to have something in his hand. Appellant resisted the officers attempts to release his grip. Appellant finally opened his hand and the officers found a syringe and a small plastic bindle which contained a white powdery substance. The officers also found a plastic bag tied to the inside of appellants clothing. They searched appellants bunk and found multiple baggies of narcotics secreted inside the mattress. The officers recovered a combined total of 88.2 grams of marijuana and 35.7 grams of methamphetamine from appellant and the mattress.

On April 27, 2007, a complaint was filed in the Superior Court of Kern County charging appellant with count I, possession of marijuana and/or methamphetamine by an inmate (Pen. Code,  4573.6) and count II, possession of a syringe by an inmate ( 4573.8), with a prior prison term enhancement ( 667.5, subdivision (b)).

On June 6, 2007, appellant pleaded guilty to count II, and the court granted the prosecutions motion to dismiss count I and ordered the prior prison term enhancement stricken.

On July 5, 2007, the court imposed the lower term of 16 months for count II, to run consecutive to the term he was already serving. The court further imposed a $20 court security fee, a $200 restitution fine pursuant to Penal Code section 1202.4 and a $200 restitution fine, suspended pending successful completion of parole, pursuant to section 1202.45. The court did not award appellant any conduct credits.

On August 17, 2007, appellant filed a timely notice of appeal.

DISCUSSION

Appellants appointed counsel has filed an opening brief which adequately summarizes the facts and adequately cites to the record, which raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) By letter of December 11, 2007, this court invited appellant to submit additional briefing and state any grounds of appeal he may wish this court to consider. Appellant has not done so.

After independent review of the record, we have concluded no reasonably arguable legal or factual arguments exist.

DISPOSITION

The judgment is affirmed.

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^* Before Harris, Acting P.J., Wiseman, J. and Levy, J.