Opinion
C082007
04-04-2017
THE PEOPLE, Plaintiff and Respondent, v. JESSIE MERCADO, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. P14CRF0410)
Appointed counsel for defendant Jessie Mercado asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.
We provide the following brief description of the facts and procedural history. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
In July 2014, defendant pleaded no contest to possession of methamphetamine. The trial court granted him three years' probation, conditioned on his serving 180 days in county jail.
Defendant admitted a violation of probation in October 2014. The trial court continued his probation, and ordered him to serve 45 days in county jail. Defendant admitted a second violation of probation in February 2015. The trial court continued his probation, and ordered him to serve 80 days in county jail.
In May 2015, the probation department filed a third petition to revoke probation. The petition alleged defendant had violated probation by possessing three double-edged throwing knives and possessing methamphetamine and drug paraphernalia.
Deputy Probation Officer Brian Dolcini testified at the contested probation revocation hearing. In March 2015, Dolcini participated in a field search of defendant's home. Officers found a set of throwing knives in defendant's room. Deputy Sheriff Matthew Harwood participated in a second probation search of defendant's home in May 2015. Upon entering defendant's room, he saw a straw used to ingest methamphetamine and a pouch of methamphetamine. Another officer found additional methamphetamine in defendant's room. The trial court found both violation of probation allegations true.
The trial court sentenced defendant to serve a three-year split term, with two years in county jail and one year on parole. Defendant was granted mandatory community supervision (MCS) in December 2015.
In February 2016, the probation department filed a petition to revoke defendant's MCS. Defendant failed to report to the Community Correction Center (CCC) three times in January 2016. Defendant reported on January 29 and admitted he had been using methamphetamine. Defendant also had multiple positive tests for methamphetamine and amphetamine in February 2016. The trial court found defendant violated the terms of his MCS, terminated defendant's MCS, and sentenced him to serve three years in prison to be served in the county jail with credit for time served.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and requesting that we review the record to determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.
Having examined the record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
/s/_________
HOCH, J. We concur: /s/_________
RAYE, P. J. /s/_________
BUTZ, J.