People v. Ochoa CA4/3

Filed 9/29/15 P. v. Ochoa CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050955

v. (Super. Ct. No. 11NF2717)

FELIPE OCHOA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Sheila F. Hanson, Judge. Affirmed. Jeanine G. Strong, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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1. Introduction Felipe Ochoa (Defendant) appealed from the judgment entered following a jury verdict convicting him of counts 1, 3, 4, and 6 through 8, as charged by information. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), setting forth the facts of the case and requesting that we review the entire record. Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), appointed counsel provided issues to assist us in conducting our independent review. Defendant was granted 30 days to file written arguments in his own behalf, but did not file anything. We have examined the entire record and counsel’s Wende/Anders brief. After considering the entire record, we have found no reasonably arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm.

2. Background A consolidated complaint charged Defendant with offenses occurring on July 9, 2008 (counts 6 through 9) and May 18, 2011 (counts 1 through 4) (count 5 was not alleged against Defendant). An information charging the same counts was filed on December 7, 2011. The jury convicted Defendant as follows: Count 1: Possession of a controlled substance (Health & Saf. Code, § 11377) as a lesser included offense of the charged offense of possession of a controlled substance for sale. Count 3: Receiving stolen property. (Pen. Code, § 496, subd. (a).) Count 4: Resisting arrest. (Pen Code, § 148, subd. (a)(1).) Count 6: Transportation of a controlled substance. (Health & Saf. Code, § 11379, subd. (a).)