Opinion
C090359
08-11-2020
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. CR60414)
Appointed counsel for defendant Christina Ann Inman filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After examining the record, we find no arguable error that would result in a disposition more favorable to defendant and affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In October 2018 defendant was charged with possession for sale of methamphetamine (Health & Saf. Code, § 11378, count I) and possession of methamphetamine (§ 11377, subd. (a), count II). She waived a preliminary hearing, and was held to answer.
Further undesignated statutory references are to the Health and Safety Code. --------
In May 2019 defendant pleaded no contest to count I in exchange for dismissal of the remaining charge; the court explained that under the terms of the agreement the maximum potential sentence was three years. The parties stipulated that the preplea report could serve as the factual basis of the plea. According to the preplea report, which recounted a Colusa County Sheriff's Department report, on August 2, 2018, officers responded to a trespassing call in Arbuckle where they found defendant and two others inside a trailer. Defendant was on searchable probation, and an officer found a small pouch in defendant's purse containing a two-inch long white crystallized rock substance that appeared to the officer to be methamphetamine. Additional bags of a white powdery substance were found in the trailer, and defendant subsequently admitted that the bags were hers and that they contained methamphetamine. One of defendant's cohorts also advised the officer that the methamphetamine belonged to defendant and that she sold it to them for profit.
In July 2019 the trial court sentenced defendant to the upper term of three years in prison for possessing methamphetamine for the purpose of sale (§ 11378); the court denied mandatory supervision given defendant's numerous other felony convictions and violations of supervision in other cases. The court awarded her seven days actual credit plus six days of conduct credit for a total of 13 days of credit.
The court imposed and stayed a $300 restitution fine (§ 1202.4) and imposed a $300 parole revocation restitution fine, stayed pending successful completion of parole (§ 1202.45). Defendant timely appealed. She did not request or obtain a certificate of probable cause.
DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and requesting that this court review the record to determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised of her right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
/s/_________
Duarte, J. We concur: /s/_________
Hull, Acting P. J. /s/_________
Renner, J.