Opinion
H038051
01-31-2013
THE PEOPLE, Plaintiff and Respondent, v. ALVIN EARL MAYNARD, JR., Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Monterey County
Super. Ct. No. SS110798)
After police arrested defendant Alvin Earl Maynard, Jr. on a parole violation, a search of his premises revealed a black leather bag with 16.3 grams of cocaine, 7.6 grams of methamphetamine, and 306.4 grams of marijuana. Defendant appeals from a judgment entered after he pled no contest to possession of cocaine for sale (Health & Saf. Code, § 11351), with two prior drug trafficking convictions (Health & Saf. Code, § 11370.2, subd. (a)), possession of methamphetamine for sale (Health & Saf. Code, § 11378), with a prior drug trafficking conviction (Health & Saf. Code, § 11370.2, subd. (c)), and possession of marijuana for sale (Health & Saf. Code, § 11359). He also admitted that he suffered a prior "strike" conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12), and a prior prison commitment (Pen. Code, § 667.5, subd. (b)).
After his arrest on April 23, 2011 on the parole violation, defendant remained in custody. However, when the term of his parole violation ended on September 5, 2011, he posted bail and entered a residential drug program at the Jericho Project. At the November 22, 2011 change of plea hearing, the trial court ordered him to remain in that program. Defendant left the Jericho Project on November 29, 2011, but entered and remained in the Salvation Army residential drug program. Thereafter, the trial court denied a motion to dismiss the prior strike pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, and sentenced defendant to serve nine years in prison. This timely appeal ensued.
On appeal, 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. Thirty days have elapsed and we have received nothing from the defendant. Pursuant to our obligation as set forth in People v. Wende (1979) 25 Cal.3d 436, we have reviewed the record but have found no arguable issues on appeal. Therefore, we will affirm the judgment.
DISPOSITION
The judgment is affirmed.
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RUSHING, P.J.
WE CONCUR:
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PREMO, J.
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ELIA, J.