People v. Gutierrez CA1/1

Filed 4/30/14 P. v. Gutierrez CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A140126

v. (Mendocino County GUADALUPE LEANDRO GUTIERREZ, Super. Ct. Nos. SCUKCRCR1371236, SCUKCRCR1372382) Defendant and Appellant.

Guadalupe Leandro Gutierrez appeals from a final judgment after no contest and guilty pleas, respectively, in cases Nos. SCUKCRCR1371236 and SCUKCRCR1372382. His counsel has raised no issues and asks this court for an independent review of the record to determine whether there are any issues that would, if resolved favorably to defendant, result in reversal or modification of the judgment. (People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436; see Smith v. Robbins (2000) 528 U.S. 259.) Counsel notified defendant that he could file his own supplemental brief, raising any points he chooses to call to this court’s attention. No supplemental brief has been received from defendant. Upon independent review of the record, we find no arguable issues that require further briefing. We do find an error in the abstract of judgment. Accordingly, we will remand the matter for correction of the abstract of judgment, and affirm the judgment in all other respects.

STATEMENT OF FACTS AND PROCEDURAL HISTORY1 On January 26, 2013, Mendocino County Sheriff’s Deputies Eric Riboli and Luis Espinoza were dispatched to the defendant’s apartment with a report of possible gunshots being fired from the location. The deputies observed an expended 20-gauge shotgun shell on the ground near the front door. The deputies contacted defendant and questioned him regarding the report of gunshots heard in the area. Defendant denied shooting the firearm. Riboli determined defendant was under the influence of a controlled substance based on defendant’s demeanor and the performance of field sobriety tests. He was placed under arrest. During a pat search, a live .223-caliber round was found in defendant’s left pants pocket. Defendant’s girlfriend told deputies she believed there was a shotgun in the residence. Upon a search of the apartment, a loaded Remington Windmaster shotgun was found under a toddler’s bed in the master bedroom. The bullets in the shotgun matched the expended shell found outside. On February 6, 2013, defendant was charged by felony complaint in case No. SCUKCRCR1371236 with (1) possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)), and (2) possession of ammunition by a felon (Pen. Code, § 30305, subd. (a)(1)). On April 24, 2013, defendant waived his constitutional rights and pled no contest to possession of a firearm by a felon. The court dismissed the other count, continued the conditions of his bail, and ordered him to return to court for sentencing on June 7, 2013. On May 17, 2013, just before midnight, a sheriff’s deputy on foot patrol stopped a vehicle being driven by defendant in a parking lot. Approximately four grams of a substance that later tested positive for methamphetamine were found on the driver’s side floorboard of the vehicle. Defendant was arrested in case No. SCUKCRCR1372382,