Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County, No. PA055641 Ronald S. Coen, Judge.
Charles R. Khoury, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
ZELON, J.
Alejandro Pimentel was charged by information with one count of possession of methamphetamine, a felony, and one count of possession of marijuana, a misdemeanor (Health & Saf. Code, §§ 11377, subd. (a), 11357, subd. (b)). The information specially alleged as to count 1 that Pimentel had suffered one prior serious or violent felony conviction under the “Three Strikes” law and had served five separate prison terms for felonies (Pen. Code, §§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d)).
The trial court granted Pimentel’s motion for discovery under Evidence Code sections 1043 and 1045 and Pitchess v. Superior Court (1974) 11 Cal.3d 531, conducted an in camera review of relevant police personnel files, and ordered discoverable information produced for the defense. The trial court denied Pimentel’s motion to dismiss his prior strike conviction under People v. Superior Court (Romero) 13 Cal.4th 497.
On the day of trial, Pimentel waived his constitutional rights and entered a negotiated plea of no contest to count one and admitted the prior strike enhancement. Pursuant to the plea agreement, the trial court sentenced Pimentel to six years for possession of methamphetamine, consisting of the three-year upper term doubled under the Three Strikes law. The trial court imposed a $200 restitution fine (Pen. Code, § 1202.4, subd. (b)), a $20 court security fee (Pen. Code, § 1465.8, subd. (a)(1)), a $50 laboratory fee (Health & Saf. Code, § 11372.5, subd. (a)), plus $85 in penalty assessments (Pen. Code, § 1464; Gov. Code, § 76000). Pimentel received 224 days of presentence custody credit (150 actual days and 74 days of conduct credit). Count 2 and the remaining special allegations were dismissed as part of the plea agreement.
Pimentel filed a timely notice of appeal on April 2, 2007, challenging the “judgment” rendered on March 13, 2007. He failed to obtain a certificate of probable cause. We appointed counsel to represent Pimentel on appeal.
After examination of the record counsel filed an “Opening Brief” in which no issues were raised. On October 9, 2007, we advised Pimentel 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 Pimentel’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. Wende (1979) 25 Cal.3d 436, 441.) However, because Pimentel pleaded no contest and failed to obtain a certificate of probable cause, his notice of appeal is not operative; and the appeal must be dismissed.
Pimentel filed a petition for writ of habeas corpus in this case, which we summarily denied. (In re Pimentel (Nov. 29, 2007, B203719).
The appeal is dismissed.
We concur: WOODS, Acting P. J., WILEY, J.
Judge of the Los Angeles Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.