Opinion
E055030
08-07-2012
THE PEOPLE, Plaintiff and Respondent, v. ORFIL ARTEAGA, Defendant and Appellant.
David K. Rankin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. RIF10002902)
OPINION
APPEAL from the Superior Court of Riverside County. Elaine M. Johnson, Judge. Affirmed.
David K. Rankin, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
INTRODUCTION
On June 9, 2010, a complaint charged defendant and appellant Orfil Arteaga with selling a controlled substance, methamphetamine, under Health and Safety Code section 11379, subdivision (a) (count 1); and possession of a controlled substance, methamphetamine, under Health and Safety Code section 11378 (count 2). Moreover, the complaint alleged that defendant was in violation of probation in case No. RIM536504.
That same day, defendant pled guilty to count 2. Defendant also admitted that he violated probation. The plea included an agreement that the remaining count would be dismissed, and defendant would be sentenced to 120 days. Immediately after the plea, the trial court granted defendant formal probation for three years and sentenced defendant to the sheriff's custody for 120 days. The trial court awarded nine days of presentence credits, consisting of five actual days and four days of conduct credits under Penal Code section 4019.
On January 25, 2011, defendant admitted that he violated term 1 of his probation, to obey all laws, ordinances, and court orders; probation was continued on the same terms and conditions.
On September 13, 2011, defendant admitted that he violated his probation, and the court revoked his probation order.
On October 4, 2011, the trial court imposed the low term of one year four months in county jail for count 2. The court also awarded defendant a total of 162 presentence credits.
On November 18, 2011, defendant filed a timely notice of appeal.
STATEMENT OF FACTS
On June 9, 2010, the trial court found that there was a factual basis for the plea when defendant admitted that, on or about June 5, 2010, he possessed a usable amount of methamphetamine for sale, in violation of Health and Safety Code section 11378.
ANALYSIS
After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MCKINSTER
Acting P. J.
We concur:
MILLER
J.
CODRINGTON
J.