Opinion
NOT TO BE PUBLISHED
Santa Clara County Super. Ct. No. CC807339
Bamattre-Manoukian, ACTING P.J.
I. INTRODUCTION
Defendant Richard Rick Salomon pleaded no contest to one count of possession for sale of phencyclidine (PCP) (Health & Saf. Code, § 11378.5). He also pleaded no contest to one count of possession of ammunition by a convicted felon (Pen. Code, § 12316, subd. (b)), and to two counts of possession of a billy club (Pen. Code, § 12020 subd. (a)(1)). He admitted the allegations that he had one prior violent or serious felony within the meaning of the Three Strikes law (Pen. Code, §§ 667.5 subd. (c), 1192.7, subd. (c)) and had served a prison prior term (Pen. Code, § 667.5 subd. (b)). The trial court sentenced defendant to a total term of five years in state prison.
Defendant filed a timely notice of appeal, and we appointed counsel to represent him in this court. Appointed counsel has filed an opening brief that states the case and facts but raises no issue. We notified defendant of his right to submit written argument on his own behalf within 30 days. The period has elapsed and we have received no response from the defendant. We have reviewed the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106. Based on our review we have concluded that there is no arguable issue on appeal. Following the California Supreme Court’s direction in People v. Kelly, supra, 40 Cal.4th at page 110, we provide “a brief description of the... procedural history of the case, the crimes of which the defendant was convicted, and the punishment imposed.”
II. FACTUAL BACKGROUND
On May 31, 2008, two officers from the San Jose Police Department went to defendant Richard Salomon’s residence with a search warrant. The officers searched the defendant as well as his house. On his person, the officers found a cell phone and $1,072. The cell phone had incoming text messages which read, “Do U have a little,” “Rick R U holding,” and “DO U Have Any thang.” There was also an outgoing text message which read, “what time are U going to bring me my money.”
In the defendant’s living room the officers found a police scanner next to a mattress. In a bedroom closet the officers found 2.64 grams of PCP inside a coffee travel mug. An officer testified during the preliminary examination that the value of that amount of PCP could be as much as $3,000, if not more. In the same bedroom, the officers found a digital scale inside the top drawer of a desk. In a second bedroom, the officers found eight rounds of.38 caliber ammunition and one round of.22 caliber ammunition. By the front door of the residence, the officers found a 27-inch wood club, a 27-inch metal club with protruding screws, and a baseball bat.
III. PROCEDURAL BACKGROUND
On June 4, 2008, defendant was charged by complaint with possession for sale of PCP (Health & Saf. Code, § 11378.5; count 1), possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a); count 2), possession of a billy club (Pen. Code, § 12020, subds. (a)(1); counts 3 and 4), and possession of ammunition by a prohibited person (Pen. Code, § 12316, subd. (b); count 5). The complaint also alleged that defendant had one prior violent and serious felony within the meaning of the Three Strikes law (Pen. Code, §§ 667.5, subd. (c), 1192.7, subd. (c)) and had served a prison prior term (Pen. Code, §667.5, subd. (b)).
On October 29, 2008, after a preliminary examination, the trial court held the defendant to answer on all charges except count 2, possession of a controlled substance. The information filed on November 6, 2008, included all counts, except count 2, and the prior conviction allegations, and also alleged defendant had five prior convictions of violating Health and Safety Code section 11550. On December 23, 2008, the trial court denied the People’s motion to allow the district attorney to file an amended information that included an additional count of using or being under the influence of a controlled substance (Health & Saf. Code, §11550, subd. (a)).
On February 2, 2009, defendant pleaded no contest to count 1 (possession for sale of PCP), counts 3 and 4 (possession of a billy club, which the trial court reduced to misdemeanors), and count 5 (possession of ammunition by a convicted felon). The defendant also admitted the allegations of one prior violent or serious felony within the meaning of the Three Strikes law and a prison prior term.
On March 20, 2009, the trial court exercised its discretion as requested by the defendant and struck the prior strike conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The court then sentenced defendant to a total term of five years in state prison, comprised of the middle term of four years on count 1 (possession of PCP), a one-year consecutive sentence for the prison prior, and a concurrent term of two years on count 5 (possession of ammunition by a prohibited person). On counts 3 and 4, the trial court imposed a 90-day concurrent jail sentence. Credits were denied. On April 17, 2009, the court modified the sentence to award credits for time served and directed the calculation of good time work credits.
Having carefully reviewed the entire record, we are satisfied that there are no arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d at pp. 441-443.)
IV. DISPOSITION
The judgment is affirmed.
WE CONCUR: MIHARA, J., McAdams, J.