Opinion
F076169
08-01-2018
THE PEOPLE, Plaintiff and Respondent, v. GABRIEL SANTIAGO DORADO, Defendant and Appellant.
Paul V. Carrroll and Deanna F. Lamb, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. No. F17900860)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Michael G. Idiart, Judge. Paul V. Carrroll and Deanna F. Lamb, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Poochigian, Acting P.J., Detjen, J. and Franson, J.
-ooOoo-
Appellant Gabriel Santiago Dorado pled no contest to possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
All statutory references are to the Penal Code. --------
FACTUAL AND PROCEDURAL BACKGROUND
On February 8, 2017, at approximately 12:38 p.m., Fresno police officers stopped a car driven by Dorado, with Phillip Moncivaiz as a passenger, because its registration was expired. After contacting dispatch and being informed that Moncivaiz was on probation and subject to a search condition, an officer searched the car. In a duffle bag located behind the front passenger's seat, the officer found ammunition for a rifle. In the trunk of the car, the officer found a second duffle bag that contained a loaded sawed-off shotgun and four shotgun shells. When the officer was showing the items to a second officer, Dorado spontaneously stated that he had found the bags in a trash can and did not know what was in them.
On April 19, 2017, the Fresno County District Attorney filed an information charging Dorado with possession of a firearm by a felon (count 1), two counts of possession of ammunition by a person prohibited from owning a firearm (§ 30305, subd. (a)(1); counts 2 & 3), and possession of a short barreled shotgun (§ 33215; count 4).
On June 13, 2017, pursuant to a negotiated plea, Dorado entered his no contest plea to possession of a firearm by a felon in exchange for the dismissal of the remaining counts and a lid of two years. The court then dismissed the remaining counts.
On July 11, 2017, the court sentenced Dorado to a two-year prison term.
On August 18, 2017, the court granted Dorado's request for a certificate of probable cause and Dorado filed his appeal in this matter.
Dorado's appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Dorado has not responded to this court's invitation to submit additional briefing.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.