People v. Goldstone CA5

Filed 3/4/26 P. v. Goldstone CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F089429 Plaintiff and Respondent, (Super. Ct. No. RF009430A) v.

JIMMY JAVIER GOLDSTONE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Kenneth Green, Judge. Laura Arnold, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Levy, J. and Harrell, J.

Defendant and appellant Jimmy Javier Goldstone pled no contest to possession of a firearm by a felon, possession for sale of cocaine and methamphetamine, and receiving proceeds known to be derived from a controlled substance offense. He was sentenced to five years four months in prison pursuant to a plea agreement. Goldstone’s appointed counsel filed an opening brief which summarizes the facts, identifies no issues, and asks this court to conduct an independent review of the record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. We will affirm. BACKGROUND On April 9, 2024, the Kern County District Attorney filed a felony complaint alleging Goldstone committed: eight counts of possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1); counts 1–8); two counts of maintaining a place for selling or using a controlled substance (Health & Saf. Code, § 11366; counts 9–10); one count of possession for sale of cocaine (Health & Saf. Code, § 11351; count 11); one count of possession for sale of methamphetamine (Health & Saf. Code, § 11378; count 12); one count of receiving stolen property (Pen. Code, § 496, subd. (a); count 13); and one misdemeanor count of possession of a smoking device (Health & Saf. Code, § 11364; count 14). The complaint further alleged a drug weight enhancement on count 11 (Health & Saf. Code, § 11370.4, subd. (a)(1)) and count 12 (Health & Saf. Code, § 11370.4, subd. (b)(1)). On June 17, 2024, the complaint was amended to add count 15 for receiving or acquiring proceeds over $25,000 known to be derived from a controlled substance offense with the intent to conceal or disguise the source of the proceeds (Health & Saf. Code, § 11370.9, subd. (a)), with an alleged aggravating factor for a crime involving an attempted or actual taking or damage of great monetary value (Cal. Rules of Court, rule 4.421(a)(9)). On that date, Goldstone pled no contest to counts 1, 11, 12, and 15. He also admitted a weight enhancement allegation on count 11 (Health & Saf. Code, § 11370.4, subd. (a)(1)) and the aggravating factor on count 15. The plea was entered