Opinion
NOT TO BE PUBLISHED
Superior Court County of Ventura, No. 2008005947, Patricia M. Murphy, Judge.
California Appellate Project, under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director, Suzan E. Hier, Staff Attorney, for Appellant.
No appearance for Respondent.
YEGAN, Acting P.J.
Sabian Francisco Reynoso appeals from the judgment following his guilty plea to unlawful possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)) and admission that he suffered a prior strike conviction within the meaning of the Three Strikes law (Pen. Code, §§ 667, subds. (c)(1) & (e)(1)); 1170.12, subds. (a)(1) & (c)(1)). Pursuant to the negotiated plea, appellant was sentenced to 32 months state prison and ordered to pay a $200 restitution fine (§ 1202.4, subd. (b)) and a $200 parole revocation fine (§ 1202.45).
All statutory references are to the Penal Code.
We appointed counsel to represent appellant in this appeal. After counsel’s examination of the record, he filed an opening brief in which no issues were raised.
On April 6, 2011, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received.
The preliminary hearing transcript and probation report reflect that appellant, a convicted felon, entered the Ventura County Pre-Trial Detention Facility on February 1, 2008 and deposited $60 into Jared Plomell's inmate account. Appellant and Plomell were members of the Hell's Angels outlaw motorcycle gang.
The Ventura County Sheriff's Gang Unit determined that appellant was an ex-convict and did not have authorization to enter the jail facility as required by section 4571. Officers obtained a search warrant to search appellant's residence, and, during the search, found a shotgun in appellant's closet, shotgun shells, and paperwork containing Plomell's inmate information.
Appellant was charged with felon in possession of a firearm (§ 12021, subd. (a)(1)), unlawful possession of ammunition (§ 12316, subd. (b)(1)), and entering a custodial facility in violation of section 4571. It was further alleged that appellant had suffered a prior strike conviction and had served two prior prison terms (§ 667.5, subd. (b)).
Appellant entered into a negotiated plea after the trial court denied his motion to suppress evidence (§ 1538.5), pled guilty to felon in possession of a firearm, and admitted the strike allegation and a prior prison term enhancement. The trial court denied appellant's Romero motion (People v. Superior Court (Romero)(1996) 13 Cal.4th 497) to strike the prior strike, granted a motion to strike the prior prison term enhancement, and sentenced appellant to 32 months state prison.
We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)
The judgment is affirmed.
We concur: COFFEE, J., PERREN, J.