Opinion
2d Crim. No. B199546
4-28-2008
THE PEOPLE, Plaintiff and Respondent, v. OSVALDO SOLANO, Defendant and Appellant
Wayne C. Tobin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED
Osvaldo Solano appeals from the judgment following his entry of a guilty plea to four counts of child abuse (Pen. Code, § 273a, subd. (a)) and one count of manufacturing methamphetamine (Health & Saf. Code, § 11379.6, subd. (a)), and his admission of allegations of excess weight (§ 11379.8, subd. (a)(2)), manufacturing in a structure with children present (§ 11379.7, subd. (a)), and a prior conviction of possessing methamphetamine for sale (§§ 11370.2, subd. (c), 11378; Pen. Code, § 1203.073, subd. (b)(2)). The court dismissed a simultaneous possession of methylamine and phenyl-2-propanone with the intent to manufacture methamphetamine charge and a transportation of methamphetamine charge (§§ 11383, subd. (a), 11379, subd. (a)); struck appellants prior conviction; and sentenced him to 10 years in prison. The sentence included a three-year low term for manufacturing methamphetamine (§ 11379.6, subd. (a)), a consecutive five-year excess weight enhancement (§ 11379.8, subd. (a)(2)); a consecutive two-year enhancement for manufacturing in a structure with children present (§ 11379.7, subd. (a)); and four concurrent two-year terms for child abuse (Pen. Code, § 273a, subd. (a)). We affirm.
In November 2006, appellant lived in Oxnard with his family, including four children under the age of 16. On November 9, law enforcement officers seized a scale, approximately $6,200 in cash, and more than nine pounds of methamphetamine from his garage, which also contained methamphetamine manufacturing materials and equipment.
We appointed counsel to represent appellant in this appeal. After reviewing the record, counsel filed an opening brief raising no issues and requesting this court to independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
On October 17, 2007, we advised appellant that he had 30 days in which to submit a written brief or letter stating any contentions or arguments he wished us to consider. We have received no response from him.
We have examined the entire record and are satisfied that appellate counsel has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d 436, 441.)
The judgment is affirmed.
We Concur:
GILBERT, P.J.
PERREN, J. --------------- Notes: All statutory references are to the Health and Safety Code unless otherwise stated.