People
v.
Van Tran

This case is not covered by Casetext's citator
COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICTNov 8, 2018
H045549 (Cal. Ct. App. Nov. 8, 2018)

H045549

11-08-2018

THE PEOPLE, Plaintiff and Respondent, v. TONY VAN TRAN, Defendant and Appellant.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Monterey County Super. Ct. No. SS160617B)

Defendant Tony Van Tran pleaded no contest to possession for sale of cocaine (Health & Saf. Code § 11351). The court placed him on probation for a term of three years, and ordered him to serve 364 days in county jail.

On appeal, Tran's appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that raises no issue. We notified Tran of his right to submit written argument on this own behalf within 30 days. The 30-day period has elapsed and we have not received written argument from Tran.

Pursuant to Wende, we have reviewed the entire record and find that there is no arguable issue on appeal. We affirm the judgment.

I. STATEMENT OF THE FACTS AND CASE

On April 7, 2016, Monterey County Sheriff's Deputies executed a search warrant on Tran's apartment, wherein they found cash, indicia of drug sales, drug paraphernalia, ammunition, and large amounts of methamphetamine, marijuana, cocaine and heroin. When they searched Tran's car, deputies found bindles of methamphetamine and cocaine. Tran admitted that he was selling methamphetamine, and that everything found in his apartment and car belonged to him, with the exception of the heroin.

An information was filed on December 9, 2016 charging Tran with possession for sale of cocaine (Health & Saf. Code § 11351; count one), possession for sale of methamphetamine (Health & Saf. Code § 11378; count two), possession of ammunition (Pen. Code § 30305, subd. (a)(1); count three), possession of a large capacity magazine (Pen. Code § 32310; count four), possession for sale of heroin (Health & Saf. Code § 11351; count five), and possession for sale of marijuana (Health & Saf. Code § 11359; count six).

On May 2, 2017, Tran pleaded no contest to count one, and all of the remaining counts were dismissed pursuant to Penal Code section 1385. The court placed Tran on formal probation for three years, and ordered him to serve 364 days in the county jail. The court also ordered Tran to pay fines and fees.

On December 4, 2017, a petition was filed alleging that Tran had violated probation by failing to report a change of address, failing to register pursuant to Health and Safety Code section 11590, failing to abstain from controlled substances, and failing to report to the probation department on November 21, 2017 and November 28, 2017. On January 9, 2018, Tran admitted that he violated probation and on February 8, 2018, the court sentenced him to four years in the county jail. The court awarded Tran 453 days credit for time served, and imposed a previously suspended fine of $300.

On February 14, 2018, Tran filed a timely notice of appeal.

II. DISCUSSION

We have conducted an independent review of the record pursuant to Wende, and find that there is no arguable issue on appeal.

III. DISPOSITION

The judgment is affirmed.

/s/_________


Greenwood, P.J. WE CONCUR: /s/_________
Elia, J. /s/_________
Danner, J.