People v. Zambrano CA5

Filed 2/29/16 P. v. Zambrano 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F070028 Plaintiff and Respondent, (Fresno Super. Ct. Nos. F12908337, v. F13908744 & M14911971)

ELADIO ZAMBRANO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Houry A. Sanderson, Judge. Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

INTRODUCTION Appellant/defendant Eladio Zambrano pleaded no contest to possession of methamphetamine for sale and was sentenced to a stipulated term of two years, split between 18 months in jail and six months on mandatory supervised release. On appeal,

* Before Levy, Acting P.J., Poochigian, J. and Detjen, J.

his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTUAL AND PROCEDURAL HISTORY Case No. F12908337 On January 19, 2011, an officer observed a car commit several traffic violations and tried to perform a traffic stop. Defendant, the driver of the car, refused to stop and attempted to evade the officer. After a short car chase, defendant got out of the car and tried to run away. He was apprehended and found in possession of methamphetamine. He also had a screwdriver with a very sharp point that could have been used as a stabbing weapon. On May 18, 2011, defendant pleaded guilty to carrying a dirk or a dagger (Pen. Code, § 12020, subd. (a)). On June 15, 2011, defendant was sentenced to one year and four months, and placed on Post Release Community Supervision (PRCS). On June 15, 2012, defendant was remanded to jail for 10 days after failing to appear for his counseling program. On May 14, 2013, defendant admitted violating his PRCS status and was sentenced to 60 days in jail. On June 9, 2013, defendant was released from jail. On July 1, 2013, defendant tested positive for methamphetamine. On August 23, 2013, the probation department learned defendant was dropped from counseling for failing to attend.