Opinion
F066738
09-30-2014
THE PEOPLE, Plaintiff and Respondent, v. ROBERT KEITH HINDMAN, Defendant and Appellant.
Allan E. Junker, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. Nos. F10905742, F11901301 & F12903483)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Don Penner, Judge. Allan E. Junker, 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 Peña, J
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In case No. F10905742 appellant, Robert Keith Hindman, pled no contest to possession of heroin (Health & Saf. Code, § 11350, subd. (a)). In case No. F11901301 Hindman pled no contest to second degree burglary (Pen. Code, §§ 459/460, subd. (b)) and he admitted two prior prison term enhancements (Pen. Code, § 667.5, subd. (b)). In case No. F12903483 Hindman pled no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL HISTORY
On May 3, 2010, at approximately 7:14 a.m., officers responded to a call regarding a wanted parolee sleeping in a truck and found Hindman sleeping in the cab of a utility truck. During a search of the cab the officers found a methamphetamine pipe, a baggie containing a small amount of black tar heroin, and two syringes, one of which contained a brown liquid. The officers also found a folding knife approximately six inches long on the floorboard and pepper spray in a backpack (case No. F10905742).
On November 23, 2010, in case No. F10905742 the district attorney filed a complaint charging Hindman with possession of heroin, possession of tear gas with a prior conviction (former Pen. Code, § 12403.7, subd. (a)), possession of a hypodermic needle (Bus. & Prof. Code, § 4140) and five prior prison term enhancements.
On March 6, 2011, in the morning, Hindman entered a laundromat through the roof by unscrewing and removing a vent. The owner arrived while Hindman was in the office attempting to pry open two locked boxes that contained money from the change machines. Hindman then exited the building through the roof and fled as the police arrived. He was arrested a short time later hiding in the backyard of a residence (case No. F11901301).
On March 8, 2011, in case No. F11901301 the district attorney filed a complaint charging Hindman with second degree burglary and five prior prison term enhancements.
On April 28, 2012, after receiving reports that Hindman was selling narcotics, Fresno police officers contacted Hindman in a garage. Hindman identified himself and took the officers into a small room in the garage where he slept. As Hindman lifted up a box, a cigarette carton fell off the top and a baggie containing methamphetamine fell out of the cigarette carton (case No. F12903483).
On May 15, 2012, in case No. F12903483 the district attorney filed a complaint charging Hindman with possession of methamphetamine and four prior prison term enhancements.
On November 13, 2012, Hindman entered his pleas in the three cases in exchange for the dismissal of the remaining counts and enhancements, concurrent terms on his three convictions, a lid of four years, and a "split" local sentence.
On December 21, 2012, the court struck one of the prior prison term enhancements and sentenced him to an aggregate four-year local term consisting of the aggravated term of three years on Hindman's second degree burglary conviction in that case, a consecutive one-year prior prison term enhancement, a concurrent aggravated three-year term on Hindman's possession of methamphetamine conviction, and a concurrent, aggravated three-year term on Hindman's possession of heroin conviction. The court ordered Hindman to serve the first two years of his sentence in local custody and the remaining two years on supervised release.
Hindman's appellate counsel has filed a brief which 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.) Hindman 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.