Opinion
A132075
10-28-2011
THE PEOPLE, Plaintiff and Respondent, v. ALFREDO MORENO PINEDA, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Mendocino County Super. Ct. No. SCUK-CRCR-11-0016207-000)
BACKGROUND
On January 12, 2011, law enforcement found 4.9 ounces of methamphetamine concealed in the dashboard of a car in which appellant Alfredo Moreno Pineda was a passenger. Pineda's cell phone contained drug-related text messages.
Pineda was charged by information with felony possession of methamphetamine for sale and transportation of methamphetamine (Health & Saf. Code, §§ 11378, 11379, subd. (a)). It was alleged that the amount possessed was 28.5 grams or more of methamphetamine, or 57 grams or more of a substance containing methamphetamine (Pen. Code, § 1203.073, subd. (b)(2)). Pineda was also charged with a misdemeanor violation of Penal Code section 148.9, subdivision (a), providing false identification to a police officer. A prior 2007 felony conviction for possession of a controlled substance for sale was the basis for sentencing enhancement allegations under section 11370.2, subdivision (c), and Penal Code sections 1203.07, subdivision (a)(11), 667.5, subdivision (b).
All further code references are to the Health and Safety Code unless otherwise indicated.
On April 4, 2011, Pineda, represented by counsel and with the assistance of a Spanish language interpreter, pleaded no contest in Mendocino County Superior Court to one count of possession of a controlled substance for sale. (§ 11378.) He admitted a prior conviction for violating the same section. (§§ 11370.2, subd. (c), 1203.07, subd. (a)(11).) The plea agreement contained a five-year stipulated sentence and Pineda specifically acknowledged that he would receive this sentence. The remaining charges and allegations were dismissed.
On April 29, 2011, the court sentenced Pineda to the agreed term of five years in prison, the midterm of two years under section 11378 and a consecutive three-year term under section 11370.2, subdivision (c). The court awarded 108 days of custody credit and 108 days of conduct credit. The court imposed a $40 court security fee and a $30 criminal conviction assessment. The court also imposed a drug lab fee of $190 and a drug program fee of $590.
According to Pineda's counsel, the court modified the drug program fee to $570 on September 2, 2011.
On May 16, 2011, Pineda filed a timely notice of appeal. No certificate of probable cause (Pen. Code, § 1237.5) was requested, and the appeal is based only "on the sentence or other matters occurring after the plea."
Assigned counsel has submitted a Wende brief, certifying that counsel has been unable to identify any issues for appellate review. Counsel also has submitted a declaration confirming that Pineda has been advised of his right to personally file a supplemental brief raising any points which he wishes to call to the court's attention. No supplemental brief has been submitted. As required, we have independently reviewed the record. (People v. Kelly (2006) 40 Cal.4th 106, 109-110.)
People v. Wende (1979) 25 Cal.3d 436.
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We find no arguable issues and therefore affirm.
DISCUSSION
Pineda's appeal presents no issues as to the search and seizure which resulted in his arrest nor as to the validity of his plea. (People v. Mendez (1999) 19 Cal.4th 1084, 1088-1089.)
Pineda's notice of appeal challenges his sentence, but no arguable issues are presented. He was specifically advised at the time of his plea of the stipulated sentence he was to receive and indicated that he understood. Pineda was sentenced consistent with the stipulation. He received appropriate custody credits, and the fines, fees and penalties were properly imposed.
DISPOSITION
The judgment is affirmed.
Bruiniers, J. We concur: Jones, P. J. Needham, J.