People v. Alvarez CA6

Filed 7/18/14 P. v. Alvarez CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040245 (Monterey County Plaintiff and Respondent, Super. Ct. Nos. SS111600A & SS112259A) v.

JESUS ALVAREZ,

Defendant and Appellant.

Defendant Jesus Alvarez appeals trial court orders revoking, modifying, and reinstating felony probation in two cases after the court found defendant violated his probation in those cases by committing a misdemeanor while on probation. Upon defendant’s timely appeal, we appointed counsel to represent him in this court. By letter dated March 20, 2014, this court notified defendant that his appellate counsel filed a brief that states the case and facts but raises no issue and informed defendant of his right to submit argument on his own behalf. Defendant did not respond to that letter. For the reasons stated here, we will affirm the orders. I. STANDARD OF REVIEW We review the entire record to determine if there are any arguable appellate issues. (People v. Wende (1979) 25 Cal.3d 436, 440-441.) In reviewing the record, we must include “a brief description of the facts and procedural history of the case, the crimes of which the defendant was convicted, and the punishment imposed.” (People v. Kelly (2006) 40 Cal.4th 106, 123-124.)

II. TRIAL COURT PROCEEDINGS The following factual summary is based on probation reports for defendant’s two criminal cases at issue in this appeal. Pursuant to a search warrant for “items associated with the sale of methamphetamine and ... firearms,” police searched defendant’s residence in August 2011 and found: two sawed-off shotguns; ammunition; a loaded flare gun modified to fire shotgun rounds; two bindles containing .4 grams and .2 grams of methamphetamine, respectively; and three glass pipes used to smoke methamphetamine. Based on that search, the People charged defendant in Monterey County Superior Court case No. SS111600A with possession of a firearm by a felon (former Pen. Code, § 12021, subd. (a)(1), repealed by Stats. 2010, ch. 711, § 4; see § 29800, subd. (a)(1));1 possession of ammunition by a felon (former § 12316, subd. (b)(1), repealed by Stats. 2010, ch. 711, § 4; see § 30305, subd. (a)(1)); possession of a sawed-off shotgun (former § 12020, subd. (a)(1), repealed by Stats. 2010, ch. 711, § 4; see §§ 17180, 16590, subd. (t)); possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)); possession of methamphetamine while armed with a loaded, operable weapon (Health & Saf. Code, § 11370.1, subd. (a)); possession of controlled substance paraphernalia (Health & Saf. Code, § 11364, subd. (a)); and possession of burglary tools (§ 466). In September 2011, as part of a plea agreement, defendant pleaded no contest to one count of possession of methamphetamine while armed, a felony. (Health & Saf. Code, § 11370.1, subd. (a).) The trial court suspended imposition of sentence for three years and placed defendant on probation with conditions, including that defendant obey all laws and abstain from alcohol consumption. Defendant was to serve 90 days in county jail as a condition of probation, with credit for time served of two days; however, before defendant could serve that time, he was arrested in December 2011 when a