Opinion
B285425
05-02-2018
THE PEOPLE, Plaintiff and Respondent, v. MARCO CALDERON, Defendant and Appellant.
Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. NA104269) APPEAL from a judgment of the Superior Court of Los Angeles County, James D. Otto, Judge. Affirmed. Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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Defendant Marco Calderon appeals from the judgment following his contested probation violation hearing. Defendant's appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, identifying no issues and requesting that this court review the record and determine whether any arguable issue exists on appeal. We have done so and we affirm.
FACTUAL BACKGROUND
On January 12, 2017, defendant pled guilty to one count of second degree robbery (Pen. Code, § 211). The trial court imposed a five-year prison term and suspended execution of the sentence. Defendant was granted probation. The terms of probation prohibited defendant from possessing a weapon or ammunition.
Probation was revoked after defendant was stopped for making an illegal left turn, and a semiautomatic firearm and ammunition were found in his vehicle. Defendant chose to represent himself at a contested probation revocation hearing.
At the probation revocation hearing, a police officer testified that when he stopped defendant's vehicle he smelled marijuana. Defendant was not able to produce a driver's license and appeared nervous. The officer obtained permission to search defendant's vehicle, searched the vehicle, and found a semiautomatic firearm and a plastic container with ammunition. Defendant later asked the passenger in his vehicle to "take the case" because defendant had kids. Defendant did not testify.
The trial court found that defendant violated probation and imposed the previously suspended five-year sentence.
DISCUSSION
Defendant appealed from the judgment after the contested probation revocation hearing. We appointed counsel to represent defendant in this matter. After examining the record, counsel filed a Wende brief raising no issues on appeal and requesting that we independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by this court of the opportunity to file a supplemental brief; he filed no brief. We have examined the entire record and are satisfied that defendant's attorney has complied with his responsibilities and that no arguable issue exists. (People v. Kelly (2006) 40 Cal.4th 106, 110-111; People v. Wende, supra, 25 Cal.3d at p. 441; see also Smith v. Robbins (2000) 528 U.S. 259, 278.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED.
BENDIX, J. We concur:
CHANEY, Acting P. J.
JOHNSON, J.