People v. Morales CA3

Filed 3/16/16 P. v. Morales CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Amador) ----

THE PEOPLE, C079657

Plaintiff and Respondent, (Super. Ct. No. 14CR2267002) v.

BENITO MORALES,

Defendant and Appellant.

Appointed counsel for defendant Benito Morales has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

I

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

Between May and August of 2014, defendant was a prisoner at Mule Creek State Prison. He and his daughter, an approved visitor, engaged in a series of coded telephone conversations discussing the purchase, transportation, and smuggling of heroin into the prison by his daughter. Pursuant to a search warrant, defendant’s daughter was searched and found in possession of 11.5 grams of heroin. She admitted knowing what she was carrying and that she intended to pass the heroin to defendant during their visit. A complaint charged defendant with felony possession of contraband in jail (Pen. Code, § 4573.6(a))1 and further alleged defendant had a prior strike conviction. (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)). In exchange for a negotiated sentence of two years, doubled pursuant to the strike, defendant pleaded no contest to possession of heroin in jail and admitted the prior strike. The trial court sentenced defendant to a four- year term in accordance with the plea, and imposed a $300 restitution fine (§ 1202.4), $300 suspended parole revocation restitution fine (§ 1202.45), a $40 court security fee (§ 1465.8), and a $30 conviction assessment (Gov. Code, § 70373). The trial court denied defendant’s request for a certificate of probable cause.