P. v. Gonzales
On November 1, 2011, in Fresno County Superior Court case No. F11600749 (case No. F11600749), a jury convicted appellant, George Prendiz Gonzales, of two felony counts of possession of heroin (Health & Saf. Code, § 11350, subd. (a)) and two counts of unauthorized possession of a hypodermic needle or syringe (Bus. & Prof. Code, § 4140), a misdemeanor. That same day, in a separate proceeding, appellant admitted allegations that he had suffered a “strikeâ€[1] and that he had served two separate prison terms for prior felony convictions (Pen. Code, § 667.5, subd. (b)).
Also on November 1, 2011, in Fresno County Superior Court case No. F10601961 (case No. F10601961), appellant, pursuant to a plea agreement, pled guilty to second degree burglary (Pen. Code, §§ 459, 460, subd. (b)) and, as in case No. F11600749, admitted one strike allegation and two prior prison term enhancement allegations. One of the terms of the plea agreement was that appellant would receive a sentence covering both cases of five years four months.
On December 5, 2011, the court struck appellant’s strike pursuant to Penal Code section 1385 and imposed the agreed-upon prison term of five years four months, consisting of the two-year midterm on the substantive offense in case No. F10601961, eight months on each of the two felonies in case No. F11600749, and one year on each of the two prior prison term enhancements. On each of the two misdemeanors, the court credited appellant with time served.
In case No. F10601961, appellant did not request, and the court did not issue, a certificate of probable cause (Pen. Code, § 1237.5).
Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court’s invitation to submit additional briefing. We affirm.
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