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People v. Salcido

California Court of Appeals, Sixth District
Nov 13, 2008
No. H032852 (Cal. Ct. App. Nov. 13, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. MICHAEL SALCIDO, Defendant and Appellant. H032852 California Court of Appeal, Sixth District November 13, 2008

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

Monterey County Super. Ct. No. SS072430

Rushing, P.J.

While incarcerated at Salinas Valley State Prison, defendant Michael Salcido was found in possession of a prison issued razor blade wrapped in paper and scotch tape with part of the blade exposed. The blade was on an upper shelf in his cell with some papers belonging to him. Defendant alleged that he used the blade to cut sheets into strips for a pull-up bar for working out. Defendant admitted that the razor blade was his, acknowledged that razor blades were contraband and he was punished administratively.

Thereafter, defendant was charged with one felony count of possession of a weapon, a sharp instrument, by a prisoner. (Pen. Code, § 4502, subd. (a).) The complaint also alleged one strike prior and two prison priors. (Pen. Code, §§ 667, subd. (b)-(i), 1170.12, 667.5, subd. (b).) After defendant waived his rights to a jury trial, the trial court found him guilty as charged and found the strike and prison prior allegations to be true. After denying the defendant’s motion pursuant to People v. Romero (1996) 13 Cal.4th 497, and dismissing one prison prior on the district attorney’s motion, the court sentenced defendant to a total of five years in prison to be served consecutively to the sentence he was currently serving. This timely appeal ensued. We appointed counsel to represent defendant in this court.

Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no written argument from defendant.

Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.

Disposition

The judgment is affirmed.

WE CONCUR: PREMO, J., ELIA, J.


Summaries of

People v. Salcido

California Court of Appeals, Sixth District
Nov 13, 2008
No. H032852 (Cal. Ct. App. Nov. 13, 2008)
Case details for

People v. Salcido

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MICHAEL SALCIDO, Defendant and…

Court:California Court of Appeals, Sixth District

Date published: Nov 13, 2008

Citations

No. H032852 (Cal. Ct. App. Nov. 13, 2008)