Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of Stanislaus County. Ct. No. 1083838, John G. Whiteside, Judge.
A.M. Weisman, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Before Wiseman, Acting P.J., Gomes, J., and Dawson, J.
OPINION
On August 30, 2004, Erika Alvarez was with Victor Dianda and Carissa Madero when Dianda received a call and then drove them to a bail bonds business located approximately a block north of the jail. Madero, Dianda, and Alvarez went into a back room where Madero kneeled down in front of three syringes, tobacco, and approximately $30 worth of methamphetamine that were on the floor. Dianda gave Madero two grams of heroin which she put in a balloon. Alvarez left the building and sat in a car. Dianda and Madero soon came out of the building and opened the car’s trunk. Dianda gave Madero a hammer and they both got in the car.
Dianda drove the trio to the jail. On the way, Alvarez overheard Madero tell someone on her cell phone, “Bugsy, is everything clear.” Madero got out of the car in front of the jail and went inside while Dianda drove with Alvarez to another location. Dianda soon received a call from Madero stating she had “done it.” He told Alvarez that Madero broke a window inside the jail and needed a ride. Dianda drove to a location near the jail and picked up Madero who told them she was not sure if the trustee had gotten “it.”
On August 30, 2004, Xochito Herrera was at the Stanislaus County Jail waiting to visit a friend when she saw a woman walk into the lobby talking on a cell phone. After seeing the woman walk into a visiting room, Herrera heard a crash like glass breaking, and then saw the woman run out of the room carrying a sledge hammer in her hand. The woman broke the lower pane of the glass that separates the visiting room from the inmate housing area.
Inmate trustee Henry Brown was working in the area when the window was broken. Brown told investigators he grabbed a cylinder-shaped object that came through the window and threw it down the tier by appellant, Dion Lee Milam’s cell. The object was approximately two inches wide and six inches long and was wrapped in a yellow balloon.
Deputy Collier heard glass breaking and went to investigate. He saw a white woman leaving the lobby area carrying an object that she was attempting to conceal under her jacket.
Detective Steve Rakoncza was assigned to investigate the breaking of the window. He reviewed telephone logs and recordings and determined that at 4:34 p.m. on August 30, 2004, a phone call was made from a telephone accessible to Milam to a cell phone number registered in Madero’s name. He reviewed a tape of the call and heard Milam ask another inmate if it was clear and instructing Madero when to break the glass. He also heard the sound of glass breaking.
Nine phone calls from the phone in Milam’s cell block to Madero’s cell phone were recorded in the days before the window at the jail was broken including a three-way call to Madero’s cell phone number. During this call, Detective Rakoncza heard Milam talking about “getting him some stuff” and packaging it like a “hanger.”
On March 17, 2005, the district attorney filed an information charging Milam with conspiracy to smuggle a controlled substance into jail (Pen. Code, §§ 182/4573) and three prior prison term allegations (Pen. Code, § 667.5, subd. (b)).
On April 18, 2005, Milam pled guilty to the conspiracy count in exchange for the dismissal of the enhancements and a mitigated term of two years, which was to run concurrent to any time Milam received in case No. 1053300, a pending, unrelated case. After Milam waived time for the pronouncement of judgment, the court sentenced him to the two-year term and stayed execution of sentence pending the outcome of that case.
On December 6, 2007, the court sentenced Milam to an aggregate term of 32 years 4 months in case No. 1053300, lifted the stay on the sentence in the instant case, and ordered that term to run concurrent to the aggregate sentence imposed in case No. 1053300.
Milam’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.) Milam 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.