Opinion
F063156
06-22-2012
THE PEOPLE, Plaintiff and Respondent, v. RAYMOND ANTONIO, Defendant and Appellant.
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. MCR040646)
OPINION
THE COURT
Before Wiseman, Acting P.J., Cornell, J., and Poochigian, J.
APPEAL from a judgment of the Superior Court of Madera County. Ernest J. LiCalsi, Judge.
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Appellant, Raymond Antonio, pled no contest to being a felon in possession of a firearm (former Pen. Code, § 12021, subd. (a)(1)) and was sentenced to a stipulated 16-month term. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL HISTORY
On April 15, 2011, at approximately 2:30 p.m., Antonio was riding his bicycle when he was stopped by a Madera police officer for failing to signal when he made a turn. After seeing that Antonio had prison and gang-related tattoos, the officer searched Antonio and his backpack for officer safety reasons. The officer found a .32-caliber revolver in the backpack and arrested Antonio. During a post-arrest interview, Antonio told the officer that the gun belonged to his cousin, that it was missing a spring and was inoperable, and that he had intended to sell the gun to buy drugs.
On May 3, 2011, defense counsel filed a suppression motion, which he scheduled to be heard at Antonio's preliminary hearing.
On May 13, 2011, at Antonio's preliminary hearing, the court denied Antonio's suppression motion.
On May 19, 2011, the district attorney filed an information charging Antonio with being a felon in possession of a firearm (count 1) and being in possession of a firearm after being convicted of certain offenses (count 2/former Pen. Code, § 12021, subd. (c)(1)).
On July 8, 2011, Antonio entered his no contest plea to count 1 in exchange for the dismissal of count 2 and a stipulated term of 16 months.
On August 5, 2011, the court sentenced Antonio to the stipulated 16-month term as per his plea agreement.
Antonio's appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) This court attempted to invite Antonio to submit additional briefing. However, a letter that was sent to Antonio's last known address was returned with a note indicating that Antonio was no longer at that address and Antonio has not contacted this court to report his current address.
Following an independent review of the record we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.