Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. KA085137. Daniel J. Buckley, Judge.
Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
MALLANO, P. J.
On November 4, 2008, a deputy sheriff recovered a plastic bag containing methamphetamine from the pants pocket of Juan Manuel Ortiz, who had consented to a pat-down search by the deputy. Ortiz’s motion to suppress was denied at the preliminary hearing. He renewed that motion in superior court after obtaining Pitchess discovery regarding one of the arresting deputies. After a new evidentiary hearing, the trial court denied Ortiz’s renewed suppression motion. Ortiz ultimately entered a negotiated plea of no contest to a charge of possessing a controlled substance in violation of Health and Safety Code section 11377, subdivision (a). In conformity with the plea agreement, the trial court placed Ortiz on probation pursuant to Proposition 36.
Pitchess v. Superior Court (1974) 11 Cal.3d 531.
Defendant did not obtain a certificate of probable cause, but filed a timely notice of appeal. We appointed counsel to represent defendant on appeal. After examination of the record, counsel filed an opening brief raising no issues and asking this court to independently review the record. On January 25, 2010, we advised defendant he had 30 days within which to personally submit any contentions or issues he wished us to consider. To date, we have received no response.
We have examined the entire record and are satisfied that defendant’s attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109–110; People v. Wende (1979) 25 Cal.3d 436, 441.)
DISPOSITION
The judgment is affirmed.
We concur: ROTHSCHILD, J., JOHNSON, J.