People v. Thomas CA5

Filed 10/8/20 P. v. Thomas 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F079183 Plaintiff and Respondent, (Super. Ct. Nos. 19CMS0115, v. 13CM2607HTA, 15CM9005)

ROSS O’NEAL THOMAS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Robert S. Burns, Judge. Kaiya R. Pirolo, 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 Poochigian, Acting P.J., Peña, J. and Meehan, J.

Appointed counsel for appellant, Ross O’Neal Thomas, asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436; In re Kevin S. (2003) 113 Cal.App.4th 97.) Counsel filed an opening brief that sets forth the facts of the case, which covers three related proceedings. Appellant was advised of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from appellant. Finding no arguable error that would result in a disposition more favorable to appellant, we affirm the judgment. Following is a brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) In 2013, appellant was charged in case No. 13CM2607HTA with two felonies, unlawfully cultivating marijuana (Health & Saf. Code, § 11358) and possession of marijuana for the purposes of sale (Health & Saf. Code, § 11359). Each count included allegations appellant had suffered a previous serious felony strike pursuant to former Penal Code section 667. Appellant filed early, pretrial challenges to the strike allegations under People v. Superior Court (Romero) (1996) 13 Cal.4th 497, which were denied without prejudice. In 2015, appellant pleaded no contest to one count of possession of marijuana for the purposes of sale. (Health & Saf. Code, § 11359.) The second count and strike allegations were dropped. Appellant was placed on probation for five years, with one of the conditions being that appellant obey all laws. Also in 2015, appellant was charged in case No. 15CM9005, with two misdemeanor counts of driving under the influence, with an additional allegation his blood-alcohol content was 0.15 percent or higher. Appellant pleaded no contest to the second count in 2016 and was placed on a three-year probation term, again with a provision he obey all laws. Finally, in 2019, appellant was charged in case No. 19CM0115 with one count of possessing ammunition in violation of Penal Code section 30305, subdivision (a)(1), with 2