People v. Hernandez CA2/4

Filed 3/1/16 P. v. Hernandez CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B263524 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. PA077747)

v.

JAIME HERNANDEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Hayden Zacky, Judge. Affirmed. Jaime Hernandez, in pro. per.; Law Office of Christopher Nalls and Christopher Nalls, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

In the underlying consolidated actions, pursuant to a plea agreement, appellant Jaime Hernandez pleaded nolo contendere to possession of a controlled substance for sale and possession of a firearm with a prior conviction, and was sentenced in accordance with the terms of the agreement. After his court- appointed counsel filed an opening brief raising no issues, appellant submitted a brief. Following our independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we conclude that no arguable issues exist. Accordingly, we affirm.

PROCEDURAL BACKGROUND On August 18, 2014, an information was filed Los Angeles County Superior Court Case No. PA077747, charging appellant in count one with possession of a controlled substance for sale (Health & Saf. Code, § 11378), and in counts two and three with possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)). Accompanying the charges were allegations that appellant had suffered three prior convictions constituting strikes under the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and two prior felony convictions for which he had served prison terms (Pen. Code, § 667.5, subd. (b)).1 On August 26, 2014, an information was filed in Los Angeles County Superior Court Case No. PA078593, charging appellant in count one with possession of a firearm with a prior conviction for a violent offense (§ 29900, subd. (a)(1)), in count two with possession of a firearm with prior convictions (§ 29800, subd. (a)(1)), in count three with possession of a firearm after being adjudged a ward of the juvenile court (§ 29820, subd. (b)), in count four with carrying a loaded firearm while actively participating in a criminal street gang