People v. Magdaleno CA2/6 ( 2024 )

Filed 5/14/24 P. v. Magdaleno CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
THE PEOPLE, 2d Crim. No. B332923
(Super. Ct. Nos. 2021002647
Plaintiff and Respondent, & 2023002314)
(Ventura County)
v.
ARTHUR MAGDALENO,
Defendant and Appellant.
Appellant Arthur Magdaleno pleaded guilty to one count of
selling or transporting opiates for sale.1 (Health & Saf. Code,
§ 11352, subd. (a); Case no. 2021002647.) The court suspended
imposition of sentence and placed him on two years of probation.
He violated the terms of probation by failing to report and by
testing positive for methamphetamine. He also attempted to
provide a false urine sample. The latter incident resulted in a
1 The facts are derived from the probation report because
appellant pleaded guilty in both cases appealed.
false evidence charge. (Penal Code, § 134; Case no. 2023002314.)
He pleaded guilty to that charge as well.
The trial court terminated probation at sentencing.
Appellant received a three-year prison term with 673 days
presentence credit. He received a concurrent sentence of 16
months on the false evidence charge with 444 days presentence
credit. He appealed in both cases. (Pen. Code, § 1237.5.)
We appointed counsel to represent appellant. After
reviewing the record, counsel filed a brief raising no issues. We
advised appellant on March 5, 2024 that he had 30 days within
which to personally submit any contentions or issues he wished
us to consider. We received no response.
We have reviewed the entire record and are satisfied that
appellant’s counsel fully complied with his responsibilities and
that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d
436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
CODY, J.
We concur:
GILBERT, P. J. BALTODANO, J.
2
Bruce A. Young, Judge
Superior Court County of Ventura
______________________________
Richard B. Lennon, under appointment by the Court of
Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
3