People v. Beecher CA3 ( 2014 )


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  • Filed 4/15/14 P. v. Beecher CA3
    NOT TO BE PUBLISHED
    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 This opinion has not been certified for publication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.
    IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
    THIRD APPELLATE DISTRICT
    (Yolo)
    ----
    THE PEOPLE,
    Plaintiff and Respondent,                                                 C074512
    v.                                                                     (Super. Ct. No. CRF124712)
    LEALON CARL BEECHER,
    Defendant and Appellant.
    Appointed counsel for defendant Lealon Carl Beecher asked this court to review
    the record to determine whether there are any arguable issues on appeal. (People v.
    Wende (1979) 
    25 Cal. 3d 436
    (Wende).) Finding no arguable error that would result in a
    disposition more favorable to defendant, we will affirm the judgment.
    I
    Defendant possessed .03 grams of methamphetamine on December 1, 2012. After
    the trial court denied his motion to suppress evidence (made pursuant to Penal Code
    section 1538.5), defendant pleaded no contest to possession of a controlled substance
    1
    (methamphetamine) (Health & Saf. Code, § 11377, subd (a)) and admitted a prior strike
    conviction (Pen. Code, §§ 667, subd. (c), 667, subds. (e)-(i)).
    The trial court dismissed the remaining charges, sentenced defendant to the
    stipulated aggregate term of 32 months in state prison, and awarded him 445 days of
    presentence custody credit. The trial court also ordered defendant to pay a $300
    restitution fund fine (Pen. Code, § 1202.4); a $300 parole revocation fine suspended
    unless parole is revoked (Pen. Code, § 1202.45); a $50 criminal laboratory analysis fee,
    plus penalty assessment of $155; a $40 court operations fee (Pen. Code, § 1465.8,
    subd. (a)(1)); and a $30 court facilities assessment (Gov. Code, § 70373).
    Defendant did not obtain a certificate of probable cause.
    II
    Appointed counsel filed an opening brief setting forth the facts of the case and
    asking this court to review the record and determine whether there are any arguable
    issues on appeal. 
    (Wende, supra
    , 
    25 Cal. 3d 436
    .) Defendant was advised by counsel of
    the right to file a supplemental brief within 30 days of the date of filing the opening brief.
    More than 30 days elapsed and we received no communication from defendant.
    Having undertaken an examination of the entire record, we find no arguable error
    that would result in a disposition more favorable to defendant.
    DISPOSITION
    The judgment is affirmed.
    MAURO                   , J.
    We concur:
    RAYE                   , P. J.
    MURRAY                 , J.
    2
    

Document Info

Docket Number: C074512

Filed Date: 4/15/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021