People v. Coleman CA2/3

Filed 8/17/16 P. v. Coleman CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B269140

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA393812 v.

NATHANIEL COLEMAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County,

Norman J. Shapiro, Judge. Affirmed.

Tracy L. Emblem, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

_______________________________________

INTRODUCTION Defendant Nathaniel Coleman pled no contest to three felony weapons charges and admitted suffering prior felony convictions. Pursuant to the agreed disposition, the trial court sentenced him to six years in state prison. However, the court suspended execution of the sentence and placed defendant on three years formal probation. While on probation in this case, defendant was charged in another case with selling cocaine. As a result, the court summarily revoked his probation. After defendant was found in violation of probation, the court imposed the six-year suspended prison term. Defendant’s appellate counsel filed a brief in which no issues were raised. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm the judgment. PROCEDURAL BACKGROUND By information filed on April 6, 2012, defendant was charged with possession of firearm by a felon (Pen. Code,1 § 29800, subd. (a)(1); count 1), having a concealed weapon (§ 25400, subd. (a)(2); count 2), and carrying a loaded handgun (§ 25850, subd. (a); count 3). The information also alleged that defendant had suffered three prior felony convictions under section 667.5, subdivision (b), and a serious or violent felony or juvenile adjudication under section 1170.12, subdivisions (a) through (d) and section 667, subdivisions (b) through (i). On June 18, 2013, defendant pled no contest to all three felony counts as alleged in the information. He also admitted suffering three prior felony convictions and the prior strike. Before accepting his plea, the court warned defendant: “I’m going to suspend six years state prison over your head but you need to understand if you do anything while on probation, even the smallest tiniest little thing, I will send you to prison.” The court sentenced defendant to a total of six years in state prison, suspended execution of the sentence, and placed him on formal probation for three years. The suspended sentence reflected the upper term of three years for count 1, and three one-year prison terms for the section 667.5, subdivision (b) prior convictions. The 1 All undesignated statutory references are to the Penal Code.