People v. Mora CA5

Filed 12/22/15 P. v. Mora 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F070178 Plaintiff and Respondent, (Super. Ct. No. 14CM7218B) v.

ANDREW MORA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Jennifer Lee Giuliani, Judge. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Detjen, J. and Peña, J.

INTRODUCTION On May 12, 2014, defendant and appellant Andrew Mora was charged with eight felony counts; it also was alleged that he had suffered a prior serious felony conviction. On July 31, 2014, defendant entered into a negotiated disposition and pled no contest to one count of violating Health and Safety Code1 section 11378, possession of a controlled substance for sale, and admitted the prior conviction. Defendant filed a notice of appeal and requested a certificate of probable cause, which was denied. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. PROCEDURAL HISTORY A complaint filed May 12, 2014, in Kings County Superior Court charged defendant and codefendant, Melissa Branne Estrada2, with eight felonies: (1) transportation of heroin, a violation of section 11352, subdivision (a); (2) possession for sale of heroin, a violation of section 11351; (3) transportation of methamphetamine, a violation of section 11379, subdivision (a); (4) possession of methamphetamine for sale, a violation of section 11378; (5) transportation of marijuana, a violation of section 11360, subdivision (a); (6) possession for sale of marijuana, a violation of section 11359; (7) bringing a controlled substance into a substance abuse treatment facility, a violation of Penal Code section 4573; and (8) furnishing a controlled substance to a person in a substance abuse treatment facility, a violation of Penal Code section 4573.9. It also was alleged that defendant had suffered a prior serious or violent felony conviction. Defendant was arraigned on May 15, 2014, and counsel was appointed to represent him. Defendant entered a plea of not guilty as to all counts.