People v. Reed CA5

Filed 8/24/16 P. v. Reed 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069779 Plaintiff and Respondent, (Merced Super. Ct. v. Nos. CRM024331, CRM025178 & CRM032418) CURTIS LEE REED,

Defendant and Appellant. OPINION

THE COURT* APPEAL from judgments of the Superior Court of Merced County. Ronald W. Hansen, Judge. Peter J. Boldin, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

INTRODUCTION Appellant/defendant Curtis Lee Reed entered pleas in a series of cases and was placed on probation. He repeatedly violated probation by committing new offenses. The court subsequently revoked probation and sentenced him to state prison. On appeal, his appellate counsel has filed a brief which 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. FACTS1 Case No. CRM024331 At approximately 8:35 p.m. on September 3, 2012, Merced Police Officer McComb responded to a dispatch that an unknown man was in the reporting party’s apartment at an apartment complex on Park Avenue. The reporting party further stated that the man possessed methamphetamine and there might be a warrant for him. When Officer McComb and other officers arrived, the reporting party let them into the apartment. The officers found defendant cooking in the kitchen. Defendant falsely identified himself as “Charles Ogaltree.” Upon further questioning, defendant gave his true name and said he was on parole. Defendant was searched and had 0.29 grams of methamphetamine in his pocket. Procedural history On October 19, 2012, defendant pleaded no contest in case No. CRM024331 to felony possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and admitted one prior prison term enhancement (Pen. Code, § 667.5, subd. (b)). The court placed him on probation for 36 months, and ordered him to serve 92 days in jail.

1Given defendant’s pleas and admissions, the facts of the underlying offenses are from the police reports, which are part of the instant appellate record.