People v. Lowe CA5

Filed 5/24/24 P. v. Lowe 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F086318 Plaintiff and Respondent, (Fresno Super. Ct. No. F14907858) v.

RONNIE KEVIN LOWE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. F. Brian Alvarez, Judge. Allan E. Junker, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Franson, J. and Smith, J.

Appellate counsel for defendant Ronnie Kevin Lowe filed an opening brief summarizing the pertinent facts and raising no issues, but asking this court to review the record independently. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) The opening brief also includes a declaration from appellate counsel stating Lowe was advised of his right to file a brief of his own with this court. By letter dated January 22, 2024, we also invited Lowe to submit additional briefing. Lowe submitted his response, which was filed April 30, 2024. Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record. Following our Supreme Court’s direction in Kelly, we provide a description of the relevant facts and procedural history of the case. (Kelly, at p. 110.) Finding no arguable error that would result in a disposition more favorable to Lowe, we affirm. PROCEDURAL SUMMARY On July 22, 2020, a jury convicted Lowe of possession of heroin (Health & Saf. Code, § 11351); sale of a controlled substance, heroin (Health & Saf. Code, § 11370.1, subd. (a)); possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1));1 two counts of possession of ammunition by a person prohibited from owning a firearm (§ 30305, subd. (a)(1)); possession of cannabis of more than 28.5 grams (Health & Saf. Code, § 11357, subd. (c)); and possession of a short-barreled shotgun or rifle (§ 33210). On August 19, 2020, Lowe was sentenced to the upper term of four years on one count and the terms on the remaining counts were imposed and stayed pursuant to section 654. On direct appeal, in an unpublished opinion filed October 20, 2022, this court remanded the matter for resentencing pursuant to Senate Bill No. 567’s (2021–2022 Reg. Sess.) (Stats. 2021, ch.731, § 1.3) amendments to section 1170, subdivision (b).