Opinion
F076602
10-10-2018
THE PEOPLE, Plaintiff and Respondent, v. TONY MORENO, Defendant and Appellant.
Allan E. Junker, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or reiving on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. F14604811)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Fresno County. F. Brian Alvarez, Judge. Allan E. Junker, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Levy, Acting P.J., Poochigian, J. and Detjen, J.
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Appointed counsel for defendant Tony Moreno asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of his 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. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm.
BACKGROUND
We provide the following brief description of the factual and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On January 11, 2014, at about 8:30 p.m., an officer stopped defendant for riding a bicycle without a headlamp. Defendant told the officer he was carrying a knife, and he produced a 12-inch-long machete-type knife concealed inside his waistband. The knife had been filed down to a sharp point and the cutting portion was about eight or nine inches long.
On October 22, 2015, defendant pled no contest to carrying a concealed dirk or dagger (Pen. Code, § 21310) and admitted having suffered three prior felony convictions within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a-(d)).
All statutory references are to the Penal Code. --------
On May 4, 2016, the trial court dismissed the three prior felony conviction allegations, suspended imposition of sentence, and granted three years' formal probation with 90 days in custody, with the option of serving time on the Adult Offender Work Program.
On November 2, 2016, defendant admitted violating probation. The trial court revoked and reinstated probation.
On March 24, 2017, defendant again admitted violating probation. The trial court revoked and terminated probation and sentenced defendant to the midterm of two years in prison, awarded credits, and imposed various fines and fees.
On November 17, 2017, this court granted defendant's request to file a late notice of appeal, as to the March 24, 2017, sentencing only.
On November 20, 2017, defendant filed a notice of appeal. The trial court denied his request for a certificate of probable cause.
We have undertaken an examination of the entire record, and we find no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.