Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Fresno County No. F07904998, Houry A. Sanderson, Judge.
Stephen Merritt Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Cornell, Acting P.J., Gomes, J., and Dawson, J.
In April 2007, a citizen informant advised the Fresno County Sheriff’s Department of a possible marijuana garden in the Squaw Valley area by a residence where appellant, John Alfred Kroeger, lived.
In May 2007, a detective flew over the area and observed approximately 5,000 marijuana plants.
In June 2007, sheriff deputies went to the garden, saw thousands of plants, and set up a surveillance camera.
On June 28, 2007, members of the Fresno County Sheriff’s Department SWAT team served a warrant at Kroeger’s residence. The officers found a shotgun in a building attached to Kroeger’s residence and a single 20 gauge shotgun shell on top of a dresser drawer in the master bedroom. The officers also found a total of 6,131 marijuana plants in a small marijuana garden located near the access road to Kroeger’s property and a large garden on the adjacent property.
On June 29, 2007, the district attorney filed a complaint charging Kroeger with one count each of cultivating more than 500 plants of marijuana (Health & Saf. Code, § 11358), possession of marijuana for sale (Health & Saf. Code, § 11359), possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)), and possession of ammunition by a felon (Pen. Code, § 12316, subd. (b)(1)).
On September 25, 2007, Kroeger pled guilty to being a felon in possession of ammunition in exchange for the dismissal of the remaining counts and a lid of 16 months.
On October 24, 2007, the court denied probation and sentenced Kroeger to the mitigated term of 16 months.
Kroeger’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 (1979) 25 Cal.3d 436.) Kroeger has not responded to this court’s invitation to submit additional briefing.
Following independent review of the record we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.