People v. Dennis CA3

Filed 11/16/21 P. v. Dennis CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C091574

v. (Super. Ct. No. 16FE015571)

ANTHONY JAMES DENNIS,

Defendant and Appellant.

Appointed counsel for defendant Anthony James Dennis asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) The case was fully briefed on July 21, 2021. Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment. I In 2016, defendant, having previously been convicted of a felony, unlawfully possessed a firearm. The People filed an information charging defendant with being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1))1 and possession

1 Undesignated statutory references are to the Penal Code.

1

of ammunition (§ 30305, subd. (a)(1)). 2 Defendant pleaded no contest to being a felon in possession of a firearm (§ 29800, subd. (a)(1)), and the trial court dismissed the remaining charge. Pursuant to the negotiated plea, the trial court suspended imposition of sentence and placed defendant on probation for five years. Subsequently, in case No. 19FE019440, defendant was charged with felony driving under the influence (Veh. Code, § 23152, subds. (a) & (b)), operating a vehicle without a required interlock device (Veh. Code, § 23247, subd. (e)), and driving on a suspended license (Veh. Code, § 14601.2, subd. (a)). A jury acquitted defendant of the felony counts. Defendant pleaded no contest to the misdemeanor counts of operating a vehicle without a required interlock device and driving on a suspended license, and admitted he had three prior convictions for driving without a license. The People filed a petition alleging defendant had violated his probation by committing the two misdemeanor Vehicle Code violations. The trial court found the violation of probation allegations true. 3 The trial court permanently revoked probation and sentenced defendant to the upper term of three years in state prison, to be served consecutively with the terms imposed in case