People v. Shine CA4/2

Filed 7/8/14 P. v. Shine CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E059336

v. (Super.Ct.No. RIF1300214)

MICHAEL GILBERT MUNOZ SHINE, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. J. Thompson Hanks,

Judge. (Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant

to art. VI, § 6 of the Cal. Const.) Affirmed.

Rex Adam Williams, under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance for Plaintiff and Respondent.

Pursuant to a negotiated plea agreement, defendant and appellant Michael Gilbert

Munoz Shine pled no contest to one count of possession of a controlled substance, to wit,

1

heroin, (Health & Saf. Code, § 11350, subd. (a)),1 as a lesser included offense of

possession of a controlled substance for sale (§ 11351). Defendant also admitted that he

had suffered one prior strike conviction (Pen. Code, §§ 667, subd. (c) & (e)(1), 1170.12,