Opinion
NOT TO BE PUBLISHED
Super. Ct. Nos. CM021891, CM022973 & CM023990
SCOTLAND, P.J.
Narcotics task force agents executed a search warrant at the home of defendant Forrest Mitchell Barker and found 56 one-gram bindles of methamphetamine, 2.5 grams of marijuana, a loaded rifle, chemicals used for manufacturing methamphetamine, and laboratory equipment. His wife admitted helping defendant manufacture methamphetamine. Defendant entered a negotiated plea of no contest to manufacturing methamphetamine (Health & Saf. Code, § 11379.6, subd. (a)) and admitted being armed during the offense (Pen. Code, § 12022, subd. (a)(1)). (Case No. CM021891.)
While defendant was released on his own recognizance pending sentencing in case No. CM021891, agents lawfully searched his home and found glass smoking pipes, drug paraphernalia, items used to manufacture methamphetamine, and a small amount of methamphetamine in a plastic baggie. Defendant entered a negotiated plea of no contest to providing a place for the preparing or storing of methamphetamine (Health & Saf. Code, § 11366.5, subd. (a)). (Case No. CM022973.)
Defendant failed to appear for sentencing in case Nos. CM021891 and CM022973. He admitted selling his home, fleeing to Mexico for three months with his wife because he did not want to go to prison, and then returning to the United States and camping out until he was caught after a motorcycle accident. Defendant entered a negotiated no contest plea to felony failing to appear after release on his own recognizance (Pen. Code, § 1320, subd. (b)). (Case No. CM023990.)
Sentencing defendant in all three cases, the trial court imposed a sentence of seven years and four months (the middle term of five years for manufacturing methamphetamine, plus one year for the firearm enhancement; a consecutive term of eight months for providing a place for preparation and storage of methamphetamine; and a consecutive term of eight months for failing to appear in court as ordered). He was ordered to pay various fines and fees, and was awarded presentence custody and conduct credits of 12 days in case No. CM021891, 14 days in case No. CM022973, and 91 days in case No. in CM023990.
Defendant appeals, and we appointed counsel to represent him on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks us to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we have received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
The judgment is affirmed.
We concur: DAVIS, J., NICHOLSON, J.