People v. Pozos CA5

Filed 5/18/15 P. v. Pozos CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F068381 Plaintiff and Respondent, (Stanislaus Super. Ct. No. 1461712) v.

ROBERT MANUEL POZOS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Marie Sovey Silveira, Judge. Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Franson, J. and Peña, J.

INTRODUCTION Appellant/defendant Robert Manuel Pozos was sentenced to two years pursuant to a negotiated disposition after pleading no contest to possession of methamphetamine. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS1 On or about July 30, 2013, an officer responded to a report of a man and woman in a physical altercation on Highway 99. Defendant consented to be searched, and the officer found a baggie with 0.25 grams of methamphetamine on his body. The officer also found a backpack in defendant’s car, which contained ammunition. Defendant admitted possession of both items. He had prior felony convictions and was prohibited from possessing ammunition. Procedural history On July 31, 2013, a complaint was filed in the Superior Court of Stanislaus County charging defendant with count I, possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)); count II, unlawful possession of ammunition (Pen. Code, § 30305, subd. (a)); counts III and IV, misdemeanor possession of narcotics paraphernalia (Health & Saf. Code, § 11364.1, subd. (a)), with eight prior prison term enhancements (Pen. Code, § 667.5, subd. (b)). On September 3, 2013, defendant pleaded no contest to counts I and II, and waived preparation of a probation report. He was sentenced to two years for count I, with a concurrent term of two years for count II, pursuant to a negotiated disposition. The remaining charges and enhancements were dismissed.