Opinion
F074800
02-01-2018
THE PEOPLE, Plaintiff and Respondent, v. ANDREW ESTEBAN RODRIGUEZ, Defendant and Appellant.
Martin Baker, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. F16903064)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Jane Cardoza, Judge. Martin Baker, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Levy, Acting P.J., Gomes, J., and Detjen, J.
-ooOoo-
A jury convicted appellant Andrew Esteban Rodriguez of possession of ammunition by a person prohibited from possessing a firearm (Pen. Code, § 30305, subd. (a)(1)/count 1). In a separate proceeding, Rodriguez admitted a prior prison term enhancement (§ 667.5, subd. (b)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
Unless otherwise indicated, all further statutory references are to the Penal Code. --------
FACTUAL AND PROCEDURAL BACKGROUND
On May 15, 2016, at approximately 12:10 a.m., Fresno Police Officers Rey Medeles and Nicholas Alvarado stopped a Toyota Camry driven by Rodriguez in the parking lot of an apartment complex. After determining Rodriguez was on postrelease community supervision (PRCS) with a search condition, the officers searched his car, but did not find any contraband. The officers then obtained permission from Georgina Young, Rodriguez's girlfriend, to search the apartment where Rodriguez was staying with Young.
The apartment had a master bedroom and a second bedroom. The second bedroom appeared to be a man's room and in it, the officers found men's clothing, hats, and shoes, and two letters addressed to Rodriguez. They also found a baggie containing 11 live rounds of .357-caliber ammunition. Young told the officers that Rodriguez has been living with her for two years and that the second bedroom was Rodriguez's "man cave."
After arresting Rodriguez, Alvarado told him ammunition was found in his bedroom. Rodriguez replied, "That is all old shit." During a recorded phone call Rodriguez made to Young from jail the day after his arrest, Rodriguez twice referred to the second bedroom as his room.
On July 14, 2016, the Fresno County District Attorney filed an information charging Rodriguez with possession of ammunition by a person prohibited from possessing a firearm; possession of more than 28.5 grams of marijuana (Health & Saf. Code, § 11357, subd. (c)/count 2), a misdemeanor; possession of a smoking device (Health & Saf. Code, § 11364/count 3), a misdemeanor; and a prior prison term enhancement.
On October 4, 2016, the court granted defense counsel's motion to dismiss counts 2 and 3.
On October 6, 2016, the jury convicted Rodriguez of the possession of ammunition charge.
On October 11, 2016, Rodriguez admitted the prior prison term enhancement. Additionally, based on his possession of ammunition conviction, the court found Rodriguez violated the conditions of his PRCS.
On December 2, 2016, the court terminated Rodriguez's PRCS and sentenced Rodriguez to an aggregate four-year prison term, the aggravated term of three years on his possession of ammunition conviction and a one-year prior prison term enhancement.
On December 5, 2016, Rodriguez filed a timely appeal.
Rodriguez'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.) Rodriguez 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.