Opinion
E066592
01-09-2017
THE PEOPLE, Plaintiff and Respondent, v. PACO JAMES TAFOYA, Defendant and Appellant.
Melanie K. Dorian, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. RIF1602813) OPINION APPEAL from the Superior Court of Riverside County. Helios (Joe) Hernandez, Judge. Affirmed. Melanie K. Dorian, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant appeals from a judgment of conviction after a guilty plea. We affirm.
FACTS AND PROCEDURE
On January 13, 2016, defendant possessed a .36-caliber revolver, a Browning .270-caliber rifle, and ammunition. Defendant had a previous conviction for possessing drugs while in custody. (Pen. Code, § 4573.6.) Also on that date, defendant stole a 1999 Mercedes. He had a previous conviction for vehicle theft. (§ 496d, subd. (a).)
Section references are to the Penal Code except where otherwise indicated. --------
On June 2, 2016, the People filed a felony complaint charging defendant with two counts of possession of a firearm by a person addicted to drugs and convicted of a felony (§ 29800, subd. (a)(1)), one count of possession of ammunition by a person prohibited from owning a firearm (§ 30305, subd. (a)) and one count of felony theft of a vehicle with a prior (§ 666.5, subd. (a)). The People also alleged defendant had six prison term priors. (§ 667.5, subd. (b).)
On July 6, 2016, defendant pled guilty to one count of possession of a firearm by a person addicted to drugs and convicted of a felony and admitted two of the prison term priors. The court dismissed the other charges and allegations. Pursuant to the plea agreement, the court sentenced defendant to the upper term of three years, plus one year each for the prison priors, for a sentence of five years.
This appeal followed. Defendant did not request a certificate of probable cause.
DISCUSSION
Upon defendant's appeal, this court appointed counsel to represent him. Counsel has filed a brief under authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a brief statement of the case, a summary of the facts and potential arguable issues, and requesting this court undertake an independent review of the record. We have also afforded defendant the opportunity to file a personal supplemental brief, but he has not done so.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the entire record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J. We concur: MILLER
J. SLOUGH
J.