People v. Anderson CA1/5

Filed 6/16/15 P. v. Anderson CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, A144533 v. KIM EUGENE ANDERSON, JR., (Lake County Super. Ct. No. CR937883) Defendant and Appellant.

Kim Eugene Anderson, Jr., appeals from a judgment sentencing him to prison after he pleaded no contest to possessing metal knuckles and admitted a prior prison term allegation. (Pen. Code, §§ 667.5, subd. (b), 21810.)1 His court-appointed counsel has filed a brief raising no issues, but seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We find no arguable issues and affirm.

I. FACTS AND PROCEDURAL HISTORY On December 12, 2014, appellant was arrested on an outstanding warrant while walking down a street in Clearlake. The backpack he was carrying contained a glass smoking pipe, a baggie of methamphetamine, and black aluminum knuckles. After appellant waived his right to a preliminary hearing, the Lake County District Attorney filed an information charging him with a felony count of possessing metal knuckles (§ 21810) and misdemeanor counts of possessing methamphetamine and possessing drug

1 Further statutory references are to the Penal Code unless otherwise indicated.

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paraphernalia (Health & Saf. Code, §§ 11364, subd. (a)(1), 11377, subd. (a)). The information also alleged that appellant had suffered a prior serious and/or violent felony conviction within the meaning of the Three Strikes law (§ 1170.12) and had served two prior prison terms (§ 667.5, subd. (b)). The Three Strikes allegation and one of the prison priors arose from appellant’s 2008 conviction for battery with serious bodily injury under section 243, subdivision (d). Appellant agreed to plead no contest to the felony count of possessing metal knuckles and to admit the prior prison term allegation arising from the 2008 conviction of battery with serious bodily injury. On the written change of plea form, appellant acknowledged he could be sentenced to prison for not more than four years, but could still seek probation to the extent it was otherwise available and could request that the crime be reduced to a misdemeanor under section 17, subdivision (b). Any sentence imposed on a separate pending misdemeanor case would run concurrently with the sentence imposed in this case. In exchange for appellant’s plea, the district attorney agreed to dismiss the remaining misdemeanor charges, the Three Strikes allegation, and the remaining prison prior. The trial court denied appellant’s request that it reduce the substantive offense to a misdemeanor. It denied probation and sentenced him to an aggregate term of four years in prison, consisting of the three-year upper term on the possession of metal knuckles count and a consecutive one-year term for the prison prior. Appellant filed a notice of appeal “based on the sentence or other matters occurring after the plea that do not affect the validity of the plea.” (Cal. Rules of Court, rule 8.304(b).) He did not seek or obtain a certificate of probable cause as would be necessary to challenge the validity of the plea itself. (§ 1237.5.)