Opinion
C084216
11-30-2017
THE PEOPLE, Plaintiff and Respondent, v. DEANNA PEARL OLIVER, 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NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. P16CRF0134)
This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. We briefly recount the facts and procedural history in accordance with People v. Kelly (2006) 40 Cal.4th 106, 110, 124.
I. BACKGROUND
On April 10, 2016, a car, which had been stolen on April 5, 2016, was located in a casino parking lot. Two women left the casino and approached the car. Defendant Deanna Pearl Oliver was identified as the driver of the car and told sheriff's deputies that she had purchased the car on April 1, 2016, from someone in a public parking lot. A consent search of defendant's large purse revealed three glass tubes with residue and two canisters of pepper spray. Defendant was arrested and transported to jail where she denied being in possession of any drugs. She asked to use the restroom, which raised suspicion amongst the jail staff. Thereafter, a strip search revealed a small canister containing 1.02 grams of methamphetamine. The owner of the stolen car did not recognize defendant's name.
Defendant entered a plea of no contest to unlawful driving or taking a vehicle (Veh. Code, § 10851, subd. (a)—count 1), receiving a stolen vehicle (Pen. Code, § 496d, subd. (a)—count 2), convicted felon in possession of tear gas (Pen. Code, § 22810, subd. (a)—count 3), bringing drugs into jail (Pen. Code, § 4573—count 4), and possession of drug paraphernalia, a misdemeanor (Health & Saf. Code, § 11364—count 6), and admitted seven prior prison term enhancements (Pen. Code, § 667.5, subd. (b)). Count 5 (possession of methamphetamine for sale) was dismissed. Defendant waived her right to appeal except as to sentencing error.
At sentencing, the People agreed that there was no evidence that defendant used the tear gas so count 3 should be a misdemeanor rather than a felony. The court imposed the upper term of four years for count 4 and a consecutive one-third the midterm or eight months for count 1. The court stayed the term on count 2. For counts 3 and count 6, the court imposed 180-day terms to run concurrent to the sentence on count 4. The court imposed one year each for two prior prison terms and struck the remaining enhancements. The total sentence of six years eight months was ordered to be served in county prison with three years on mandatory community supervision. The court awarded 314 actual days and 314 conduct days for a total of 628 days of presentence custody credit.
Defendant appeals. The trial court denied defendant's request for a certificate of probable cause. (Pen. Code, § 1237.5.)
II. DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
III. DISPOSITION
The judgment is affirmed.
/S/_________
RENNER, J. We concur: /S/_________
HULL, Acting P. J. /S/_________
DUARTE, J.