Opinion
NOT TO BE PUBLISHED
Santa Clara County Super. Ct. No. CC788924
Rushing, P.J.
After defendant Charles Edward Jones was apprehended in an illegal drug house in San Jose with crack cocaine on his person, he was charged with possession of cocaine base (Health & Saf. Code, §11350, subd. (a)), and presence in a place where a controlled substance is being used. (Health & Saf. Code, § 11365, subd. (a).) The felony complaint further alleged that defendant had a “strike” prior and a prison prior. (Pen. Code, §§ 1170.12, 667.5, subd. (b).) Defendant appeals from a judgment entered after he pleaded no contest to these charges, and he admitted the strike and prison priors. Prior to sentencing defendant, the trial court heard a Romero motion. Finding that defendant’s long history of criminality, substance abuse, failed drug rehabilitation and poor performance on probation and parole brought him within the spirit of the “Three Strikes” law, the trial court denied the motion. Thereafter, the court sentenced defendant to 32 months in prison. The court awarded defendant 727 days of custody credits and imposed a variety of fines. This timely appeal ensued.
People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
On appeal, we appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. This time has elapsed and we have received no written argument from defendant. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.
Disposition
The judgment is affirmed.
WE CONCUR: PREMO, J. ELIA, J.