Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 2007015345
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Gilbert, P.J.
Michael Anthony Canales appeals a judgment of conviction entered after he expressly waived his constitutional rights and pleaded guilty to transportation of heroin, brandishing a weapon, and possession of a firearm. (Health & Saf. Code, § 11352, subd. (a); Pen. Code, §§ 417.3, 12021, subd. (a)(1).) Canales also admitted that he committed the drug offense for the benefit of a criminal street gang and that he was personally armed with a firearm during the offense. (§§ 186.22, subd. (b)(1), 12022, subd. (c).) In addition, he admitted that he suffered a prior felony strike conviction and that he served a prison term therefor. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).)
All further statutory references are to the Penal Code.
The trial court sentenced Canales to an eight-year prison term and imposed a $1,600 restitution fine, a $1,600 parole revocation restitution fine, and lab and drug program fees. The court struck the prior felony strike conviction and the prison term allegation. (§ 1385, subd. (a); People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 529-530.) It dismissed the charged counts of street terrorism, transportation of cocaine, transportation of methamphetamine, three counts of possession of a firearm by a felon, and possession of ammunition. The court awarded Canales 1,981 days of presentence custody credits.
We appointed counsel to represent Canales in this appeal. After counsel's examination of the record, he filed an opening brief raising no issues.
On August 5, 2009, we advised Canales that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response from him.
We have reviewed the entire record and are satisfied that Canales's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)
Our review indicates that the abstract of judgment does not reflect Canales's conviction of one count of possession of a firearm by a felon (count 6) and it mistakenly describes count 3 as "street terrorism" instead of transportation of a controlled substance. The trial court shall correct and amend the abstract of judgment and forward it to the Department of Corrections. The judgment is otherwise affirmed.
We concur: YEGAN, J., PERREN, J.