People v. Valenzuela CA6

Filed 1/15/16 P. v. Valenzuela CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H042138 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. F1348157)

v.

RICHARD DAVID VALENZUELA,

Defendant and Appellant.

Defendant Richard David Valenzuela pleaded no contest to one count of possession of metal knuckles, a felony (Pen. Code, § 21810). 1 The court initially suspended imposition of sentence and granted three years probation on the condition defendant serve 30 days in county jail. But after defendant was convicted of second degree burglary in another case, and after he admitted other probation violations, the court modified defendant’s probation to include, among other things, an increase in his jail term to nine months. We appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), which stated the case and the facts, but raised no specific issues on appeal. We notified defendant of his right to submit written argument on his own behalf within 30 days. The

1 Unless otherwise stated, further statutory references are to the Penal Code.

30 days have elapsed, and we have received no written argument from defendant.2 We will conclude there is no arguable issue on appeal and we will affirm the judgment.

FACTS

At approximately 2:15 p.m. on September 2, 2013, a Santa Clara County Sherriff’s deputy saw defendant walking on the sidewalk near the intersection of Monterey Road and Luchessa Avenue in Gilroy, California. The deputy asked if he could speak with defendant and defendant agreed. While talking with defendant, the deputy noticed metal knuckles sticking out of defendant’s left pocket. The deputy seized the metal knuckles and placed defendant under arrest.