Opinion
F075740
06-29-2018
THE PEOPLE, Plaintiff and Respondent, v. DAVID RESENDIZ SALAZAR, Defendant and Appellant.
Allan E. Junker, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. 17CM0654)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Kings County. Michael J. Reinhart, Judge. Allan E. Junker, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Poochigian, Acting P.J., Detjen J., and Franson, J.
-ooOoo-
Appellant David Resendiz Salazar pled no contest to bringing a controlled substance into a jail (Pen. Code, § 4573, subd. (a)/count 1). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
All further statutory references are to the Penal Code, unless otherwise indicated. --------
FACTUAL AND PROCEDURAL BACKGROUND
On April 1, 2017, Salazar was a passenger in a vehicle that was stopped for a Vehicle Code violation. During a consensual search of Salazar's backpack, officers found credit cards that did not belong to him. The officers also found a glass pipe under a seat. Salazar was arrested and transported to jail. During a second search, officers found 0.7 grams of methamphetamine on Salazar.
On April 3, 2017, the Kings County District Attorney filed a complaint that charged Salazar with bringing a controlled substance into a jail, possession of drug paraphernalia (Health & Saf. Code, § 11364, subd. (a)/count 2), a misdemeanor, and receiving stolen property (§ 496, subd. (a)/count 3), a felony.
On April 13, 2017, Salazar entered his no contest plea to bringing a controlled substance into a jail in exchange for the dismissal of the remaining counts and a grant of probation conditioned on Salazar serving 90 days in custody. After the court granted the prosecutor's motion to dismiss the remaining counts, Salazar waived a probation report and time for sentencing. The court then suspended imposition of sentence and placed Salazar on probation for three years conditioned on him serving 90 days in custody.
On June 2, 2017, Salazar filed a timely appeal. He did not, however, obtain a certificate of probable cause.
Salazar'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.) Salazar 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.