Opinion
C082909
03-08-2017
THE PEOPLE, Plaintiff and Respondent, v. DENNIS LEE JOHNSON, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. CM044249)
Appointed counsel for defendant Dennis Lee Johnson asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.
I. BACKGROUND
We provide the following brief description of the facts and procedural history. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
The parties stipulated to the facts contained in the probation report as a basis for the plea.
In February 2016, Butte Interagency Narcotics Task Force (Task Force) officers executed a search warrant of defendant's home, where he lived with his wife (codefendant) and their two-year-old son. The Task Force officers found defendant in possession of methamphetamine and heroin and codefendant in possession of methamphetamine. The Task Force also found methamphetamine, heroin, marijuana, loose prescription pills, drug paraphernalia, and two operable guns in the home. Many of the drugs and paraphernalia in the home were in areas accessible to the two year old. At the time of the search, defendant was on probation in case No. SCR101520 for a previous misdemeanor conviction for giving false information to a police officer.
A complaint in case No. CM044249 charged defendant with child endangerment (Pen. Code, § 273a, subd. (a)—count 1); two counts of felon in possession of a firearm (§ 29800, subd. (a)(1)—counts 2 and 3); misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)—count 4); and, misdemeanor possession of heroin (Health & Saf. Code, § 11350—count 5). Defendant pleaded guilty to child endangerment and the remaining counts were dismissed.
Undesignated statutory references are to the Penal Code. --------
The trial court sentenced defendant to prison for the upper term of six years in case No. CM044249, with a concurrent sentence of six months in case No. SCR101520.
The trial court awarded defendant 320 days of presentence custody credit. In case No. CM044249, the trial court ordered defendant to pay a restitution fine of $300 (§ 1202.4, subd. (b)), with an additional $300 fine suspended pending successful completion of parole (§ 1202.45), a conviction assessment fee of $30 (Gov. Code, § 70373), a court operations assessment of $40 (§ 1465.8, subd. (a)(1)), a child abuse prevention restitution fine of $1,000 (§ 294, subd. (a)), and a $20 collection fee (§ 294, subd. (d)). The trial court also lifted the stay on the previously imposed probation revocation fine in case No. SCR101520. Defendant did not obtain a certificate of probable cause. (§ 1237.5.)
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and requesting that we 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 his right to file a supplemental brief within 30 days of the filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.
Having examined the record, we find no arguable error that would result in a disposition more favorable to defendant.
II. DISPOSITION
The judgment is affirmed.
/S/_________
RENNER, J. We concur: /S/_________
ROBIE, Acting P. J. /S/_________
MAURO, J.