Opinion
A134125
03-29-2012
THE PEOPLE, Plaintiff and Respondent, v. BRENT JOHN HOLDRIDGE, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Mendocino County Super. Ct. No. SCUKCRCR 09-93362-02)
Multiple packages of methamphetamine, drug paraphernalia, and $1,101 in a money pouch were found in defendant's truck after a vehicle stop. Defendant, on probation, was subject to a probation search. Pursuant to a plea bargain, defendant pleaded no contest to a charge of possession of a controlled substance for sale in violation of Health and Safety Code section 11378, and admitted a prior 1995 conviction for violation of section 11379.6 within the meaning of section 11370.2, subdivision (c) of the Health and Safety Code. After a sentencing hearing, the court sentenced defendant to two years in county prison followed by probation supervision and three years of suspended county prison time pursuant to Penal Code section 1170, subdivision (h)(5)(B) under the 2011 Realignment Legislation Addressing Public Safety. Defendant filed a notice of appeal, but did not file a certificate of probable cause.
Defendant's counsel filed an opening brief that raises no issues and asks this court for an independent review pursuant to People v. Wende (1979) 25 Cal.3d 436. Defendant's counsel suggested three possible issues which we have reviewed. Defendant was notified of his right to file a supplemental brief and has not done so. After independent review, we conclude there are no arguable issues to brief and affirm the judgment.
Discussion
At the preliminary hearing, Mendocino County Deputy Sheriff Jason Cox, assigned to the Major Crimes Task Force, described in detail his involvement with defendant and the California Highway Patrol officers after the truck had been stopped. He described the methamphetamine and other items found in the truck and opined that the quantity, packaging, scales, and money established the methamphetamine was possessed for sale.
On January 6, 2011, with the help of counsel, defendant agreed to an open plea with a top confinement time of six years. The court carefully advised him of his rights and the consequences of the change of plea, accepted defendant's waiver and took his plea.
After reviewing the probation report and listening to counsel's arguments regarding sentence, the court imposed a blended sentence, as stated above, imposed appropriate fines, and awarded custody credits of a total of 134 days. The court discussed the implications of defendant's three pending cases in Humboldt County when it imposed sentence.
By pleading no contest to the amended charges, defendant admitted the sufficiency of the evidence establishing the crime. (People v. Hunter (2002) 100 Cal.App.4th 37, 42.) Defendant did not obtain and file a certificate of probable cause for his appeal as required by Penal Code section 1237.5. There was no error in the proceedings.
The judgment is affirmed.
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Marchiano, P.J.
We concur:
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Margulies, J.
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Dondero, J.