Opinion
H045083
03-12-2018
THE PEOPLE, Plaintiff and Respondent, v. ANGEL HERNANDEZ, JR., Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Monterey County Super. Ct. No. SS170890A)
Defendant Angel Hernandez, Jr. appeals from a judgment entered based on his plea of no contest to violating Penal Code section 4573, subdivision (a), by bringing a controlled substance, heroin, into the Monterey County Jail. No history of the facts underlying the conviction is reflected in the record. As stipulated in the plea agreement, the court sentenced defendant to two years in county jail. He was further ordered to pay a restitution fine of $600 (Pen. Code, § 1202.4), a court operations assessment of $40 (Pen. Code, sec. 1465.8, subd. (a)(1)); and a court facilities assessment of $30. (Gov. Code, § 70373.) Defendant received credit for 36 days actually served and 36 days of good time/work time for a total of 72 days.
This court granted appellate counsel's request for relief from filing a late notice of appeal.
At the same proceeding the court also sentenced defendant for convictions in separate cases. --------
Appointed appellate counsel has filed an opening brief that sets forth the procedural history of the case but raises no issues. Defendant was notified of his right to submit written argument on his own behalf, but he has not availed himself of that opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, 123-124, we have carefully reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgment is affirmed.
/s/_________
ELIA, ACTING P. J. WE CONCUR: /s/_________
BAMATTRE-MANOUKIAN, J. /s/_________
MIHARA, J.