P. v. Rivera
Filed 10/12/10 P. v. Rivera CA6
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opinion has not been certified for publication or ordered published for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
SIXTH
APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and
Respondent,
v.
RUBEN RIOS RIVERA,
Defendant and
Appellant.
H034646
(Santa Clara
County
Super. Ct.
No. CC812813)
Defendant Ruben Rios Rivera pleaded
no contest to one count of cultivating marijuana
(Health & Saf. Code, § 11358) and one count of possessing marijuana for sale (
conviction within the meaning of Penal Code section 667, subdivisions (b)
through (i). The trial court granted
defendant's Romero motion,[1]
striking the strike in the interests of justice. (Pen. Code, § 1385.) The court suspended imposition of sentence,
placed defendant on three years formal probation on the condition he serve
eight months in jail, and imposed fines and fees. This appeal followed.
We appointed counsel to represent defendant in this
court. Appointed counsel filed an
opening brief which states the case and the facts but raises no specific
issues. We notified defendant of his right to submit written argument in his
own behalf within 30 days. That period
has elapsed and we have received no written argument from defendant.
At about 11:00 p.m. on July
14, 2008, San Jose
police officers responded to a call on the 1600 block of Estates
Court in San Jose. Neighbors had reported seeing smoke. The responding officers smelled a strong odor
of burning marijuana. Fire department
equipment was on the scene. Officers
encountered defendant in front of his house.
According to Officer Gregory Barth, defendant gave the officers
permission to enter the house to check for a fire. The officers found no fire but did find 36
marijuana plants growing in the bedroom, scales, baggies, and a jar with 26
grams of marijuana. Marijuana was
smoldering in the fireplace.
Defendant made a motion to suppress
the evidence (Pen. Code, § 1538.5), in connection therewith he maintained that
he had refused to allow the officers to enter and that they had forced their
way in. A neighbor testified hearing
defendant tell the officers that they could not enter his house. The trial court denied the motion,
finding: â€
| Description | Defendant Ruben Rios Rivera pleaded no contest to one count of cultivating marijuana (Health & Saf. Code, § 11358) and one count of possessing marijuana for sale (id., § 11359), both felonies. He admitted having suffered one prior strike conviction within the meaning of Penal Code section 667, subdivisions (b) through (i). The trial court granted defendant's Romero motion,[1] striking the strike in the interests of justice. (Pen. Code, § 1385.) The court suspended imposition of sentence, placed defendant on three years formal probation on the condition he serve eight months in jail, and imposed fines and fees. This appeal followed. We appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and Court have received no written argument from defendant. |
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