Opinion
B337300
10-23-2024
THE PEOPLE, Plaintiff and Respondent, v. RUBEN ARMAS, Defendant and Appellant.
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County, Super. Ct. No. KA133867 Victor D. Martinez, Judge. Affirmed.
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance by Plaintiff and Respondent.
BENDIX, J.
We decide the matter by memorandum disposition. (Cal. Stds. Jud. Admin., § 8.1.)
An information charged defendant Ruben Armas with two counts of carrying a concealed dirk or dagger (Pen. Code, § 21310), and further alleged a prior "strike" conviction subjecting him to sentencing under the "Three Strikes" law (id., §§ 667, subd. (b)-(j); 1170.12).
At trial, a sheriff's deputy testified she encountered defendant on April 3, 2022 after responding to a call reporting a man with a knife. She asked defendant if he had any weapons and he said he had a knife, which the deputy found in an inner pocket of defendant's jacket upon searching him. The knife had a seven-inch fixed blade.
Another deputy testified he encountered defendant arguing with another man on July 1, 2022. The deputy asked defendant if he had a knife and defendant said yes, then gave the deputy permission to search him. The deputy found a knife with a six-inch fixed blade in defendant's pocket.
Defendant did not testify at trial or offer any evidence. The jury convicted him of both counts.
In a separate court trial, the trial court found the allegation that defendant had suffered a prior conviction true, but struck the "strike" on defendant's motion.
The court imposed the upper term of three years on the first count, citing the prison term for the prior conviction as a factor in aggravation under California Rules of Court, rule 4.421(b)(3). The court imposed a consecutive sentence of eight months (one-third the midterm) on the second count, for a total sentence of three years eight months. The court awarded 640 days' credit, imposed no court fees due to inability to pay, and imposed but stayed the restitution fine.
Defendant timely appealed. Defendant's appointed appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), identifying no issues and requesting this court to review the record and determine whether any arguable issue exists on appeal. Defendant was advised by this court of the opportunity to file a supplemental brief; he filed no brief.
We have examined the entire record and are satisfied that counsel has complied with counsel's responsibilities and that no arguable issue exists. (People v. Kelly (2006) 40 Cal.4th 106, 110-111; Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
We concur: ROTHSCHILD, P. J. KLINE, J. [*]
[*] Retired Presiding Justice of the Court of Appeal, First Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.