People v. Alvarado CA2/8

Filed 4/3/14 P. v. Alvarado CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B249744

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA092262) v.

JOSE LUIS ALVARADO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Judith L. Meyer, Judge. Affirmed.

Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiffs and Respondents.

Jose Luis Alvarado appeals from a judgment of conviction following his plea of nolo contendere to one count of possessing ammunition and one count of possession of methamphetamine for sale. Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), appellant’s counsel filed an opening brief requesting that this court review the record and determine whether any arguable issues exist on appeal. We have reviewed the entire record and find no arguable issue. We affirm. PROCEDURAL HISTORY Appellant was charged with possessing methamphetamine for sale (Health & Saf. Code, § 11378) and possessing ammunition, which was unlawful because he had a prior felony conviction (Pen. Code, § 30305, subd. (a)(1)). It was alleged appellant had a prior prison term (Pen. Code, § 667.5, subd. (b)) and prior felonies that disqualified him from probation (Pen. Code, § 1203, subd. (e)(4)). It was further alleged he had a 1991 conviction for robbery that constituted a prior serious or violent felony (Pen. Code, § 1170, subd. (h)(3)) and a “strike” (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). And it was alleged he had a 2003 narcotics conviction. (Health & Saf. Code, § 11370.2, subd. (c).) Appellant filed a motion to suppress evidence seized from him pursuant to Penal Code section 1538.5, which was submitted on the police report after appellant waived his rights to remain silent, present evidence, and confront and cross-examine witnesses. The motion was denied. Appellant waived his further trial rights and pled nolo contendere to the charges. He was sentenced to 32 months: 16 months as the lower term for each count, doubled to 32 months because of his strike, with the sentence on the narcotics count to run concurrent. He was assessed mandatory restitution and other fines and fees and was awarded presentence credits.1 Appellant filed a timely notice of appeal, but did not seek or obtain a certificate of probable cause. (Pen. Code, § 1237.5; Cal. Rules of Court, rule 8.304(b)(1).) Instead, he checked