People v. Obando-Segura CA5

Filed 3/10/16 P. v. Obando-Segura 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069378 Plaintiff and Respondent, (Super. Ct. No. MF008099A) v.

JOSE A. OBANDO-SEGURA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge. Susan L. Jordan, 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 Kane, Acting P.J., Poochigian, J. and Smith, J.

INTRODUCTION After pleading nolo contendere to a violation of Health and Safety Code section 11360, subdivision (a), defendant Jose A. Obando-Segura was placed on probation. After successfully completing probation, on August 31, 2012, he was taken into custody by the United States Department of Homeland Security and Immigration Customs Enforcement (DHS/ICE). Defendant thereafter filed a nonstatutory motion to vacate or set aside the judgment of conviction. Appointed counsel filed a Penal Code section 10181 motion to withdraw defendant’s plea. Following a hearing on April 30, 2014, the court denied the motion and the instant appeal followed. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) identifying no arguable issues and asking this court to independently review the entire record on appeal. Our independent review of the record did not discover any arguable issues. Accordingly, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND Defendant was born in Columbia. His parents brought him to the United States when he was 11 years old. He was designated a B2 visitor with authorization to remain in the United States for a temporary period not to exceed February 3, 2002. Defendant’s family all reside in the United States. On November 23, 2007, at approximately 11:15 p.m., Highway Patrol Officer Warren Barnes observed a silver BMW traveling erratically. Officer Barnes initiated a stop and approached the passenger side of the vehicle, directing the occupants to roll down the windows. Quamon Hammond was in the driver’s seat, defendant was in the passenger seat, and Brittany Kendall was in the rear seat. Officer Barnes smelled what he believed to be marijuana. Officer Barnes determined none of the occupants of the vehicle had a valid driver’s license. Officer Barnes asked Hammond if he had smoked marijuana