People v. Moreno CA2/4

Filed 11/19/14 P. v. Moreno CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B253968

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA101901) v.

MIKE MORENO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Jose Rodriguez, Judge. Affirmed. California Appellate Project, Jonathan B. Steiner and Ann Krausz, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

Pursuant to a plea agreement, appellant Mike Moreno pleaded no contest to one count of possession for sale of a controlled substance (Pen. Code, § 11378) and was sentenced in accordance with the terms of that agreement. Following our independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we conclude that no arguable issues exist. Accordingly, we affirm.

FACTS1 On May 14, 2013, police officers noticed a vehicle with expired registration tags pull into a driveway. They made contact with the driver, Moreno. In the course of an inventory search, they noticed a black travel bag on the center console. They opened the bag and found that it contained eight small bags containing methamphetamine, numerous empty small bags, and a digital scale.

PROCEDURAL BACKGROUND On September 3, 2013, Moreno was charged by an amended felony complaint with one count of possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and one count of possession for sale of a controlled substance (Health & Saf. Code, § 11378). Based on two prior convictions for robbery (Pen. Code, § 211), one in 1982 and one in 1985, it was further alleged that Moreno had been convicted of two serious felonies under the “Three Strikes” law (Pen. Code, §§ 667, subd. (d), 1170.12, subd. (b)), and had served a prison term for a serious or violent felony conviction (Pen. Code, §§ 667.5, subd. (c), 1192.7).