Opinion
F075691 F075752
07-10-2018
THE PEOPLE, Plaintiff and Respondent, v. TRENT OMAR BABCOCK, Defendant and Appellant.
James F. Johnson, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. Nos. F16902341, F17901076)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Wayne R. Ellison, Judge. (Retired judge of the Fresno County Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) James F. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Detjen, Acting P.J., Franson, J. and Smith, J.
-ooOoo-
Appointed counsel for defendant Trent Omar Babcock asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We sent a letter to defendant, advising him of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant did not respond. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.
We provide the following brief description of the factual and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
The record contains no facts regarding the Orange County crimes.
On February 4, 2016, in Orange County, defendant pled guilty to two counts of conspiracy to commit the crime of pimping (Pen. Code, §§ 266h, subd. (a), 182, subd. (a)(1).) The trial court imposed a sentence of seven years four months, then suspended execution of the sentence and granted three years' probation.
All statutory references are to the Penal Code unless otherwise noted. --------
On April 25, 2016, defendant's case was transferred to Fresno, but defendant failed to report to probation and remained out of contact. A bench warrant was issued. Defendant's whereabouts remained unknown until he was arrested in Fresno on February 18, 2017, as follows:
"[A] deputy was traveling behind a vehicle that was later confirmed to be stolen. The vehicle pulled into a gasoline station and the deputy parked behind the vehicle and observed a female in the driver's side and a male standing next to the vehicle. The deputy detained both suspects at gun point. The male suspect, later identified as the defendant, provided a false name as he was aware that a warrant was issued for his arrest. He was read his Miranda rights and refused to answer further questions. The female suspect confirmed that the defendant was sitting on the passenger side. The vehicle was searched and a Browning 9 millimeter hand gun was recovered, wedged between the passenger seat and the center console, with a magazine inserted and loaded with 10 live rounds, and one live 9 millimeter round
was located on the floor of the front passenger seat. He was booked into the Fresno County Jail on the new charges and the bench warrant."
On March 8, 2017, defendant pled no contest to possession of a firearm by a person previously convicted of a felony (§ 29800, subd. (a)(1)) and admitted having suffered a prior felony conviction within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and having served a prior prison term (§ 667.5, subd. (b)). The same day, the trial court found defendant in violation of his probation.
On May 17, 2017, the trial court ordered the previously suspended sentence of seven years four months executed. The court awarded credits and imposed various fines and fees. On the new conviction for possession of a firearm, the court struck the prior prison term allegation and imposed a concurrent term of four years.
On May 25, 2017, defendant filed a notice of appeal.
Having undertaken an examination of the entire record, we find no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.