People v. Klutsenbaker CA3

Filed 7/18/14 P. v. Klutsenbaker CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo)

THE PEOPLE, C075519

Plaintiff and Respondent, (Super. Ct. No. CRF13-2150)

v.

MICHAEL RAY KLUTSENBAKER,

Defendant and Appellant.

Appointed counsel for defendant Michael Ray Klutsenbaker has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal.1 (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.

1 Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.

1

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) On May 3, 2013, a California Highway Patrol officer initiated a traffic stop after observing defendant driving a vehicle with an expired registration tag.2 When the officer contacted defendant, defendant indicated his driving privileges had been suspended. The officer noticed defendant seemed particularly jittery and nervous and directed him to get out of the vehicle and perform several field sobriety tests. Defendant performed poorly on the tests and was arrested. During a search incident to his arrest, defendant was found to be in possession of 0.4 grams of methamphetamine. An information was filed on September 26, 2013, charging defendant with transportation of methamphetamine having sustained a previous drug conviction (Health & Saf. Code, §§ 11379, subd. (a), 11370.2, subd. (c)); possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)); being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a)); driving under the influence (Veh. Code, § 23152, subd. (a)); and driving with a suspended license (Veh. Code, § 14601.1, subd. (a)). It was further alleged defendant had a prior strike conviction (Pen. Code, § 667, subds. (c) & (e)(1)), and had served six prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). On November 8, 2013, defendant pled no contest to possession of methamphetamine and driving under the influence, and admitted the prior strike conviction and three prior prison term enhancements. In exchange for his plea, the remaining charges, as well as unrelated misdemeanor matters, were dismissed and it was agreed he would receive a seven-year prison term.