Opinion
2d Crim. No. B290730
11-13-2018
THE PEOPLE, Plaintiff and Respondent, v. FIDENCIO HERNANDEZ, Defendant and Appellant.
Richard L. Fitzer, under appointment by the Court of Appeal for Defendant and Appellant. No appearance for 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5. (Super. Ct. No. 2016037242)
(Ventura County)
Fidencio Hernandez appeals from the judgment entered after a jury convicted him of two counts of sale of a controlled substance (Health & Saf. Code, § 11379, subd. (a)) in case no. 2016037242. Before trial, appellant admitted a prior prison term enhancement (§ 667.5, subd. (b)) and the case was consolidated with case no. 2016000594. Before sentencing, appellant entered a plea of guilty in another case (case no. 201503632) for conspiracy to commit a crime (§ 182, subd. (a)(1)) with a gang enhancement (§ 186.22, subd. (b)(1)). The trial court imposed an aggregate sentence of eight years state prison in case nos. 2016037242 and 2015036032. Appellant was ordered to pay $900 restitution fines (§ 1202.4, subd. (b)), $900 parole revocation fines (§ 1202.45), a $120 court security fee (§ 1465.8), a $90 criminal conviction assessment (Gov. Code, § 70373), a $1,940 presentence investigation fee (Gov. Code, § 1465.8) and a $515.08 Criminal Justice Administrative Fee in case no. 2015036032, and a $515.08 Criminal Justice Administrative Fee and a $600 drug program fund fee (Health & Saf. Code, § 11372.7) in case no. 2016037242. Appellant filed a notice of appeal in case no. 2016037242 but not case no. 2015036032.
All further statutory references are to the Penal Code unless otherwise stated. --------
We appointed counsel to represent appellant in this appeal. After counsel's examination of the record, he filed an opening brief in which no issues were raised.
On September 27, 2018, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. Appellant did not respond.
We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
YEGAN, Acting P. J. We concur:
PERREN, J.
TANGEMAN, J.
Michael Lief, Judge
Superior Court County of Ventura
Richard L. Fitzer, under appointment by the Court of Appeal for Defendant and Appellant.
No appearance for Respondent.