Opinion
2d Crim. No. B295024
05-16-2019
THE PEOPLE, Plaintiff and Respondent, v. MANUEL REAL ALAMILLO, II, Defendant and Appellant.
Richard B. Lennon, Acting Executive Director, under appointment by the Court of Appeal for Defendant and Appellant. No appearance by Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5. (Super. Ct. No. 2018010746
(Ventura County)
Manuel Real Alamillo, II appeals his conviction by plea to unlawful driving or taking a vehicle (Veh. Code, § 10851, subd. (a)) with a prior conviction for the same offense (Pen. Code, § 666.5, subd. (a)). Appellant also admitted five prior prison term enhancements (§ 667.5, subd. (b)). Pursuant to a negotiated plea, the trial court struck the prior prison term enhancements and sentenced appellant to felony-jail as follows: three years on the auto taking count, plus 32 months in another case (Ventura County Sup. Ct., case no. 2018023071), for a total combined sentence of 68 months. The sentence was split 34 months county jail and 34 months mandatory supervision. (§ 1170, subd. (h)(5)(B)). Appellant was ordered to pay various fines and fees, including a $300 State Restitution fine and a $534.48 Criminal Justice Administration fee.
All further statutory references are to the Penal Code.
In an April 9, 2019 letter, counsel notified this court that a motion to stay the State Restitution fine and Criminal Justice Administration fee was filed with the trial court. (See § 1237.2; People v. Dueñas (2019) 30 Cal.App.5th 1157, 1172-1173 (Dueñas).) We have taken judicial notice of the trial court's March 29, 2019 minute order staying the $300 State Restitution fine and $534.48 Criminal Justice Administration fee pursuant to Dueñas, at pp. 1172-1173. (Evid. Code, §§ 452, 459, subd. (b).) --------
We appointed counsel to represent appellant in this appeal. After counsel's examination of the record, he filed an opening brief in which no issues were raised. On March 21, 2019, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received from appellant.
We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
YEGAN, J. We concur:
GILBERT, P. J.
PERREN, J.
Bruce A. Young, Judge
Superior Court County of Ventura
Richard B. Lennon, Acting Executive Director, under appointment by the Court of Appeal for Defendant and Appellant.
No appearance by Respondent.