People v. Avila CA1/5

Filed 9/8/23 P. v. Avila CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A167257 v. ADRIAN AVILA, JR., (Del Norte County Super. Ct. Nos. CRPB 2022-5089, Defendant and Appellant. CRPB 2022-5091)

Appellant Adrian Avila, Jr. (appellant) appeals from the judgment entered following his no contest pleas to possession of a stabbing instrument by a prisoner (Pen. Code, § 4502, subd. (a))1 and indecent exposure with a prior conviction for the same (§ 314). Appellant’s counsel has raised no issue on appeal and asks this court for an independent review of the record to determine whether there are any arguable issues. (Anders v. California (1967) 386 U.S. 738; People v. Wende (1979) 25 Cal.3d 436.) We have reviewed the record, find no arguable issues, and affirm. BACKGROUND Appellant is an inmate at Pelican Bay State Prison. In July 2022, in case number CRPB 2022-5089, the Del Norte County District Attorney filed a

1 All undesignated statutory references are to the Penal Code.

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complaint charging appellant with three separate violations of section 314, indecent exposure. As to each of the three counts, the complaint alleged that appellant was convicted of the same offense in 2008. The complaint also alleged appellant had three prior strike convictions. In August 2022, in case number CRPB 2022-5091, the Del Norte County District Attorney filed an amended complaint charging appellant with two violations of section 4502, subdivision (a), possession of a stabbing instrument by a prisoner. The complaint also alleged appellant had three prior strike convictions. In October 2022, appellant entered into a plea agreement resolving both cases. He agreed to plead guilty to one of the weapon possession counts in case number CRPB 2022-5091, with a midterm sentence of three years to be served consecutive to his current prison term. In case number CRPB 2022-5089, he agreed to plead no contest to one of the indecent exposure counts, with a concurrent two-year sentence. All remaining charges and the strike allegations would be dismissed. Appellant completed a declaration memorializing the agreement and acknowledging the various rights he would give up by entering the plea. At a hearing, appellant pled no contest to the two charges (rather than guilty) after acknowledging his constitutional rights and the potential consequences of his plea. Appellant also admitted he was previously convicted of indecent exposure. He affirmed he had not “taken any drugs or medicine or anything that would interfere with [his] ability to understand the proceedings.” The prosecutor explained that the weapons possession charge was based on a correctional officer’s discovery of an “inmate-manufactured weapon” on appellant’s person and that the indecent exposure charge was based on an incident during which appellant masturbated in front of a female