People v. Mortenson CA3

Filed 8/7/15 P. v. Mortenson CA3

NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, C077299

Plaintiff and Respondent, (Super. Ct. No. CM039250)

v.

STEVEN LEE MORTENSON,

Defendant and Appellant.

Appointed counsel for defendant Steven Lee Mortenson has asked us to review the record for error pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Because we find no arguable error that would result in a disposition more favorable to defendant, we shall affirm the judgment and direct correction of the abstract to properly reflect the custody terms on counts 2 and 3.

1

BACKGROUND On July 14, 2013, a law enforcement officer stopped defendant for expired registration tags on his vehicle. Due to defendant’s outstanding felony arrest warrant, the officer detained him. With defendant’s consent, the officer searched defendant’s vehicle and found hidden in the front driver’s side wheel well a bag containing 2.3 grams of marijuana, 5.7 grams of methamphetamine, and drug paraphernalia. A search of defendant’s bedroom pursuant to a warrant revealed two unspent .25-caliber rounds of ammunition hidden in a compartment behind a wall hanging. Defendant had previously been convicted of felony violations of Health and Safety Code sections 11350, subdivision (a), and 11351 in 2008 and 2011, respectively, and had served a state prison sentence each time.1 An amended information charged defendant with transportation of methamphetamine (§ 11379, subd. (a); count 1), and alleged two prior drug convictions (§ 11370.2, subd. (c)). At the entry of plea hearing, the information was orally amended to add count 2, possession of methamphetamine for sale (§ 11378), count 3, felon in possession of ammunition (Pen. Code, § 30305), and a prior prison term for defendant’s 2008 drug conviction (Pen. Code, § 667.5, subd. (b)). Defendant pleaded no contest to counts 2 and 3.2 Defendant also admitted the prior prison term allegation. In exchange for defendant’s plea and admission, count 1 and the remaining allegations were dismissed as well as another pending case (No. CM039251) with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754.