Opinion
NOT TO BE PUBLISHED
Super. Ct. No. CM026478
BLEASE, Acting P. J.
This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436. Having reviewed the record as required by Wende, we affirm the judgment.
Counsel filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
According to the probation report, on March 25, 2007, Chico police officers received a report of a domestic disturbance occurring inside a car. Upon arrival, officers contacted defendant and Brandy Barker, who appeared to have been crying. Defendant and Barker stated that Barker was upset about an argument with her mother and about losing her job, and defendant was trying to calm her down.
Officers performed a pat down search of defendant for weapons and confirmed that defendant was on active parole. Officers performed a parole search of the car and located a loaded semi-automatic firearm in a duffel bag, along with defendant’s wallet. Defendant attempted to flee but was apprehended and taken into custody. Upon the officer’s return to the car, Barker attempted to flee but stopped when the officer readied his taser. Barker had taken the firearm and put it in her purse.
Defendant was charged with possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)). It was also alleged defendant had served two prior prison terms (§ 667.5, subd. (b)) and had a prior strike (§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)). Pursuant to a negotiated plea, defendant pled guilty to the charge and admitted one prior prison term allegation. The remaining allegations were dismissed. The written plea agreement indicates defendant entered into a “Cunningham waiver.”
Further undesignated statutory references are to the Penal Code.
The trial court denied probation and sentenced defendant to the upper term of three years, plus one year for the prior prison term. The court imposed the upper term based upon defendant’s numerous prior convictions, the fact that he was on probation and parole at the time of his offense, and that his prior performance on probation and parole had been unsatisfactory. The court imposed an $800 restitution fine (§ 1202.4), an $800 restitution fine suspended unless parole is revoked (§ 1202.45), and a $20 court security fee (§ 1465.8). Defendant was awarded 301 days credit for time served.
Defendant appeals. He did not obtain a certificate of probable cause. (§ 1237.5.)
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
We concur: HULL, J. BUTZ, J.