People v. Velez CA1/5

Filed 8/15/14 P. v. Velez CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, Plaintiff and Respondent, A141580

v. (Lake County Super. Ct. Nos. MIGUEL ANTONIO VELEZ, CR930756, CR931603, CR931883, CR933683, CR934005) Defendant and Appellant.

Appellant Miguel Antonio Velez, pursuant to a negotiated disposition, pled no contest to possession of a controlled substance and admitted violating conditions of probation in three other matters. He further admitted violating conditions of his post release community supervision in a fifth matter. The court terminated Velez’s probation and sentenced him to serve four years and four months in the county jail. Velez does not challenge the validity of his plea, but seeks to appeal from his sentence. Assigned counsel has submitted a Wende 1 brief, certifying that counsel has been unable to identify any issues for appellate review. Counsel also has submitted a declaration confirming that Velez has been advised of his right to personally file a supplemental brief raising any points which he wishes to call to the court’s attention. No supplemental brief has been submitted. As required, we have independently reviewed the record. (People v. Kelly (2006) 40 Cal.4th 106, 109–110.)

1 People v. Wende (1979) 25 Cal.3d 436.

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I. B ACKGROUND Probation Matters In May 2013, three separate informations were filed alleging Velez’s commision of several drug-related crimes in the fall of 2012. Case No. CR930756 charged three crimes of possession: methamphetamine (Health & Saf. Code, § 11377, subd. (a);2 count 1); hydrocodone (§ 11350, subd. (a); count 2); and paraphernalia (§ 11364.1, subd. (a); count 3). Case No. CR931603 charged possession of methamphetamine (§ 11377, subd. (a); count 1) and paraphernalia (§ 11364.1, subd. (a); count 2). And case No. CR931883 lodged a single charge of possession of methamphetamine (§ 11377, subd. (a); count 1). The district attorney alleged in case Nos. CR930756 and CR931603 that Velez had separately served two prior prison terms and was ineligible for probation (Pen. Code, §§ 667.5, subd. (b), 1203, subd. (e)(4)). It was further alleged in case No. CR931603 that Velez had committed a felony while released from custody in case No. CR930756 (Pen. Code, § 12022.1). On September 10, 2013, Velez entered pleas of no contest to felony possession of a controlled substance, as alleged in count 1 of each of case Nos. CR930756, CR931603 and CR931883. Velez admitted the two prior prison terms (Nos. CR930756 & CR931603) and the Penal Code section12022.1 enhancement (No. CR931603). In each of the three cases, the court suspended imposition of sentence and placed Velez on Proposition 36 probation for a term of three years. All remaining counts were dismissed. Post Release Community Supervision/Probation Revocations At the time the above offenses were committed, Velez was under post release community supervision (PRCS) as a result of a February 2011 conviction for second degree burglary (Pen. Code, § 459). On October 8, 2013, a new case (No. CR933683) was filed alleging that Velez violated his PRCS terms, and on the following day the probation department filed petitions alleging that Velez had violated probation terms in his three prior cases.