People v. Germono CA6

Filed 4/11/23 P. v. Germono CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H049779 (Santa Clara County Plaintiff and Respondent, Super. Ct. Nos. C1902145 C1910459) v.

MICHAEL ODELL GERMONO,

Defendant and Appellant.

Defendant Michael Odell Germono appeals from judgments entered after conviction by no contest pleas. Appointed counsel for Germono has filed a brief asking this court to review the record to determine whether there are any arguable issues. (See People v. Wende (1979) 25 Cal.3d 436 (Wende).) Germono was advised of the right to file a supplemental brief but has not responded. Finding no arguable error that would result in a disposition more favorable to Germono, we affirm the judgments. I. FACTS AND PROCEDURAL BACKGROUND A. Docket No. C1902145 On January 27, 2019, a police officer pulled Germono over for a Vehicle Code violation. As the officer approached Germono’s car, he smelled a strong odor of burnt cannabis emanating from it. When searching Germono and his car, the officer found, among other things, two digital scales, a 9mm semiautomatic handgun with 13 rounds in

its magazine, cocaine inside a pill container, an open container of cannabis, a gold ring, and a driver’s license belonging to someone other than Germono. On January 29, 2020, the Santa Clara County District Attorney filed an information charging Germono with unlawful possession of controlled substances while armed with a loaded firearm (Health & Saf. Code, § 11370.1 subd. (a); count 1), possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1);1 count 2), carrying a concealed firearm in a vehicle (§ 25400, subd. (a)(1); count 3), and carrying a loaded firearm on his person or in a vehicle when having been convicted of a felony (§ 25850, subd. (a); count 4). The information further alleged that Germono had a strike prior (§§ 667, subds. (b)–(i), 1170.12). On May 20, 2021, Germono’s defense counsel requested an order for appointment of a doctor to conduct a psychiatric evaluation of Germono. The trial court granted that request. On December 15, 2021, pursuant to a written plea agreement, Germono pleaded no contest to count 1 and admitted the strike prior allegation on condition that the remaining counts would be dismissed and he would be sentenced to serve six years in prison concurrently with any sentence imposed in docket No. C1910459 (based on a stipulation that the offenses involved the same set of operative facts). On January 6, 2022, Germono withdrew his admission to the strike prior allegation, and that allegation was designated for dismissal at Germono’s impending sentencing. On January 25, 2022, the trial court sentenced Germono on count 1 to the midterm of three years in prison, to be served concurrently with the sentence imposed in docket No. C1910459. The court awarded credits for time served. The court dismissed counts 2, 3, and 4 and the strike prior allegation.