Opinion
E055720 Super.Ct.No. FVI1100683
08-28-2012
THE PEOPLE, Plaintiff and Respondent, v. PAUL ANTHONY LEWIS, Defendant and Appellant.
Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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.
OPINION
APPEAL from the Superior Court of San Bernardino County. John M. Tomberlin, Judge. Affirmed.
Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant and appellant Paul Anthony Lewis is serving six years in prison after pleading no contest to resisting an executive officer (Pen. Code, § 69) and admitting a prior strike conviction (Pen. Code, §§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)). We affirm the conviction.
FACTS AND PROCEDURE
On March 24, 2011, sheriff's deputies conducted a parole compliance check at defendant's home. Defendant was in the front yard of his home, but when the deputies arrived and identified themselves, defendant ran into the home and locked the door. Two of the deputies entered the home and saw defendant in the bathroom flushing down the toilet a substance that appeared to be cocaine base. Defendant initially ignored several commands to get down on the ground.
Later that day as he was being booked, defendant made threatening remarks, referencing defendant's gang, to the booking detective.
On April 29, 2011, the People filed an information charging defendant with resisting an executive officer (Pen. Code, § 69), unlawfully possessing ammunition (Pen. Code, § 12316, subd. (b)(1)), maintaining a place for selling or using controlled substances (Health & Saf. Code, § 11366), threatening a public officer (Pen. Code, § 71), misdemeanor possessing a controlled substance without a prescription (Bus. & Prof. Code, § 4060), and street terrorism (Pen. Code, § 186.22, subd. (a)). The People also charged that the first five counts were committed for the benefit of a criminal street gang (Pen. Code, § 186.22, subd. (b)(1)(A)) and, as to the street terrorism charge, defendant had a serious prior conviction (Pen. Code, § 667, subd. (a)(1)). The People alleged that defendant had a prior strike conviction and two prison priors. (Pen. Code, § 667.5, subd. (b)).
On December 20, 2011, defendant pled no contest to resisting an executive officer and admitted the strike prior. Also on that date, the trial court sentenced defendant to the upper term of three years, doubled to six years for the strike prior. This appeal followed.
DISCUSSION
After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts and potential arguable issues, and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
DISPOSITION
The conviction is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur: McKINSTER
J.
MILLER
J.