Opinion
F061470
08-12-2011
THE PEOPLE, Plaintiff and Respondent, v. JASON LEE XIONG, Defendant and Appellant.
Deborah Prucha, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. CRM010201)
OPINION
THE COURT
Before Cornell, Acting P.J., Gomes, J., and Dawson, J.
APPEAL from a judgment of the Superior Court of Merced County. John D. Kirihara, Judge.
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Appellant, Jason Lee Xiong, was charged by first amended information filed September 7, 2010, with possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1); count 1), active participation in a criminal street gang (Pen. Code, § 186.22, subd. (a); count 2), and resisting, delaying or obstructing a peace officer (Pen. Code, § 148, subd. (a)(1); count 3.) In addition, it was alleged that appellant committed the count 1 offense for the benefit of, at the direction of or in association with a criminal street gang, with the specific intent to promote, further or assist in criminal conduct by gang members (Pen. Code, § 186.22, subd. (b)(1)).
On September 8, 2010, appellant moved for an order appointing substitute counsel, pursuant to People v. Marsden (1970) 2 Cal.3d 118. That same day, the court denied the motion following a hearing; appellant, pursuant to a plea agreement, pled no contest to the count 1 substantive offense; and the court dismissed the remaining charges.
Appellant waived completion of the presentence report, and on September 27, 2010, the court imposed a prison term of three years. Appellant filed a notice of appeal and requested that the court issue a certificate of probable cause (Pen. Code, § 1237.5). On December 6, 2010, the court denied that request.
Appellant's appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court's invitation to submit additional briefing. We will affirm.
FACTS
Our factual statement is taken from a City of Merced Police Department report contained in the appellate record.
On May 21, 2010, a City of Merced police officer, responding to a report of a loud party, went to a residence in Merced, where he saw minors with alcohol in their possession. The officer walked to the backyard of the residence to investigate this matter further. There, he saw a person, later identified as appellant, jump over a fence and run off. On the ground, at the "exact point" where appellant had jumped over the fence, the officer found a handgun. The officer pursued on foot and apprehended appellant. Appellant was on felony probation.
DISCUSSION
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
DISPOSITION
The judgment is affirmed.