People v. Rubin CA4/1

Filed 4/6/15 P. v. Rubin CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065708

Plaintiff and Respondent,

v. (Super. Ct. No. JCF30064)

MARIO RUBIN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, William D.

Lehman, Judge. Affirmed.

Thomas Owen, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

In October 2013, Mario Rubin entered a guilty plea pursuant to People v. West

(1970) 3 Cal.3d 595 to possessing controlled substances in prison (Pen. Code,1 § 4573.6;

count 3) and possessing drug paraphernalia in prison (§ 4573.6; count 4) and admitted

two strikes (§ 667, subds. (b)-(i)). In February 2014, the court sentenced Rubin to four

years in prison (twice the lower term) on count 3, to run consecutively to his current term,

and a stayed (§ 654) term on count 4. Rubin appeals. We affirm.

FACTUAL BACKGROUND