Opinion
F073065
03-17-2017
THE PEOPLE, Plaintiff and Respondent, v. CHRIS ANTHONY PAGAN, Defendant and Appellant.
Stephen M. Hinkle, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. F15900587)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Fresno County. John F. Vogt, Judge. Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Poochigian, Acting P.J., Detjen, J., and Peña, J. --------
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Appellant Chris Anthony Pagan pled no contest to custodial possession of a weapon (Pen. Code, § 4502, subd. (a)) and admitted allegations that he had five prior convictions within the meaning of the three strikes law (§ 667, subds. (b)-(i)). On January 11, 2016, the court sentenced Pagan to an indeterminate sentence of 25 years to life. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL HISTORY
On September 26, 2013, Pagan was an inmate at Pleasant Valley State Prison. At approximately 2:42 p.m., a correctional officer conducted a clothed body search of Pagan before Pagan entered a building at the prison. Inside one of Pagan's shoes, the officer found a cylindrical object that could be used for stabbing. The object consisted of a handle made from melted plastic with a protruding one and a half-inch metal rod. The weapon had a total length of five and one-half inches and was half an inch wide.
On April 23, 2015, the Fresno County District Attorney filed a first amended information charging Pagan with custodial possession of a weapon and allegations he pled to.
On October 22, 2015, Pagan entered his plea in this matter.
On December 30, 2015, defense counsel filed a sentencing brief in which he asked the court to strike his prior strike convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
On January 11, 2016, the court denied Pagan's Romero motion and sentenced him to an indeterminate term of 25 years to life, which it ordered him to serve consecutive to the term he was already serving.
Pagan's appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Pagan has not responded to this court's invitation to submit additional briefing.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.