Opinion
B228236
10-31-2011
THE PEOPLE, Plaintiff and Respondent, v. EUGENE PALMER, Defendant and Appellant.
Kevin Michele Finkelstein, under appointment by the Court of Appeal, for Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. BA364331)
APPEAL from a judgment of the Superior Court of Los Angeles County, Charlaine Olmedo, Judge. Affirmed.
Kevin Michele Finkelstein, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
On November 6, 2009, Los Angeles Police Officers followed a woman to a hotel after they saw her flick her cigarette onto the street, and she ignored their request to stop to be issued a citation for littering. After watching the woman enter a particular hotel room the officers spoke with the hotel manager, determined the room was registered to Eugene Palmer, who had four outstanding misdemeanor warrants. The woman opened the door when the officers knocked and they saw Palmer lying on the bed. The woman gave them written consent to search the room. Under the top mattress, the officers found a loaded pump action shotgun inside a grey bag. Palmer volunteered the weapon belonged to his brother, who had left it for Palmer's protection.
Palmer was arrested and charged in an information with possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)) and unlawful possession of a firearm within the meaning of Penal Code section 12021, subdivision (c)(1). Palmer entered a plea of not guilty to both counts.
Palmer filed a motion for discovery under Evidence Code sections 1043 and 1045 and Pitchess v. Superior Court (1974) 11 Cal.3d 531. The trial court denied the motion. Palmer waived his jury trial rights, and after a bench trial, the court convicted him on both counts.
The transcript of the hearing on this motion is not part of the record on appeal.
The trial court suspended imposition of sentence for possession of a firearm by a felon and placed Palmer on three years of formal probation, on condition he serve 210 days in county jail, less 78 days credit for time served. The court stayed its sentence on the second count. The court ordered Palmer to pay a $30 security assessment, a $30 criminal conviction assessment and a $200 restitution fine. The court imposed and suspended a probation revocation fine pursuant to section 1202.44.
Palmer filed a timely notice of appeal. We appointed counsel to represent him on appeal. After examination of the record counsel filed an opening brief in which no issues were raised. On July 21, 2011, we advised Palmer that he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied Palmer's attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106, 112-113; People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
WOODS, J.
We concur:
PERLUSS, P. J.
ZELON, J.