People v. Velasquez CA5

Filed 6/2/15 P. v. Velasquez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068785 Plaintiff and Respondent, (Super. Ct. No. MF10468A) v.

RUBEN JOSEPH VELASQUEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John S. Somers, Judge. Donn Ginoza, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Cornell, J. and Gomes, J.

A jury convicted Ruben Joseph Velasquez of possession of a sharp instrument while confined in a state prison. (Pen. Code, § 4502, subd. (a).)1 After he waived his right to a jury on the enhancement allegations, the trial court found Velasquez had suffered eight prior convictions that constituted a strike within the meaning of section 667, subdivisions (b) through (i), and had suffered a prior conviction that resulted in a prison sentence within the meaning of section 667.5, subdivision (b). Velasquez was sentenced to the prescribed term of 25 years to life plus one year.2 Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 stating that after reviewing the record, he did not identify any arguable issues. By letter dated June 2, 2014, we invited Velasquez to submit additional briefing. Velasquez did not respond to our invitation. After review of the record we agree with appellate counsel that there are no arguable issues in this case and will affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY Velasquez was charged with possession of a sharp instrument while confined in a state prison. (§ 4502, subd. (a).) The information also alleged the enhancements described in the introduction. Correctional Officer Ryan Curliss testified that on the day in question he was processing inmates at the California Correctional Institution, Tehachapi. Velasquez was one of those inmates. As with all of the inmates, Curliss conducted an unclothed body search of Velasquez. Nothing unusual was found during the search. Curliss then had Velasquez walk through a metal detector. The alarm sounded and the lights activated, indicating metal in Velasquez’s waist area. Velasquez then was placed in a cell with a