Opinion
NOT TO BE PUBLISHED
Santa Clara County Super. Ct. No. CC813994
Bamattre-Manoukian, ACTING P.J.
Defendant Mardonio Gaona Chavez was charged by felony complaint filed August 4, 2008, with possession of methamphetamine for sale (Health & Saf. Code, § 11378) and possession of cocaine for sale (§ 11351).
All further statutory references are to the Health and Safety Code unless otherwise indicated.
The facts underlying the complaint were not included in the record on appeal. In addition, there was no preliminary hearing nor was a probation report prepared in this case.
On November 4, 2008, defendant entered a negotiated guilty plea to both charges on condition that he be granted probation with one year in county jail. After defendant indicated that he wished to be sentenced that same day, the trial court suspended imposition of sentence and granted probation for three years with various terms and conditions, including a one-year jail term. Defendant was awarded a total of 120 days of custody credits and ordered to pay various fines and fees.
Defendant filed a notice of appeal on December 11, 2008, and a second notice of appeal on December 29, 2008.
We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief which states the case and facts but raises no issue. We notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no response from defendant. Pursuant to People v. Wende (1979) 25 Cal.3d 436, and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.
The judgment is affirmed.
WE CONCUR: MCADAMS, J., DUFFY, J.