1 Filed 7/3/14 P. v. Puccetti CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. 

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT (Tehama)

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THE PEOPLE, Plaintiff and Respondent,

v. LEONARD ALLEN PUCCETTI, Defendant and Appellant. C073821 (Super. Ct. No. NCR84100)

Appointed counsel for defe ndant Leonard Allen Puccetti ha s filed an opening brief
that sets forth the facts of the case and asks this court to review the record and determine whether there are any argua ble issues on appeal. ( People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the ri ght to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days has elapsed and we
have received no communication from defendant . Finding no arguabl e error that would result in a disposition more favorable to defendant, we affirm the judgment.2 We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) On February 1, 2012, defendant wa s stopped by Police Officer Randall Bassett while walking on a bike path. Officer Basse tt told defendant to keep his hands where Bassett could see them; defendant did, and Bassett saw defendant’s hand was bleeding from a fall. Defendant appeared to be under the influence of a controlled substance.
Defendant admitted to usi ng methamphetamine a couple of days prior. Defendant also admitted he had a syringe in his shirt pocket and a knife in his waistband. A second officer arrived; defendant was pla ced in handcuffs and arrested. On May 10, 2012, law enforcement sear ched defendant’s home pursuant to a warrant. They found six people in defenda nt’s home, including Donna Piazza. Piazza said she had been living there for approxi mately two weeks. In her room, law enforcement found: two bags of me thamphetamine totaling 3.1 grams, two methamphetamine pipes, and a digital scal e. Piazza admitted selling methamphetamine
from defendant’s home.
Defendant also was home. Law en forcement searched him and found a methamphetamine pipe in his shirt pocket. He admitted to selling methamphetamine
from his home more than 20 tim es in the past month. Defendant also confirmed that Piazza was also selling methamphetamine from the residence. By way of an amended information, the People charged defendant with maintaining a place for selling or using a controlled substance (Health & Saf. Code, § 11366), and possession of paraphernalia (H ealth & Saf. Code, § 11364.1, subd. (a)). The People further alleged defendant was prev iously convicted of a serious or violent felony (Pen. Code, § 1170.12, subds. (a)-(d)), 1 served three prior terms in prison

1 Undesignated statutory references are to the Penal Code.3 (§ 667.5, subd. (b)), and comm itted the offenses with which he was charged while he was out on bail (§ 12022.1). Defendant pleaded guilty to maintaining a place for selling or using a controlled substance. (Health & Saf. Code, § 11366.) De fendant also admitted he was previously convicted of a serious or violent felony. (§ 1170.12, subds. (a )-(d).) The remaining charges and allegations were dismissed, incl uding the charges alleged in Tehama County
case No. NCR83479. Prior to sentencing, defendant moved the court to withdraw his plea. The trial
court denied the motion and sentenced defendan t to an aggregate term of six years in state prison. The court also awarded defend ant 389 days of custo dy credits and ordered him to pay various mandatory fines and fees. Defendant appeals without a certi ficate of probable cause. Having undertaken an examination of th e entire record, we find no arguable error that would result in a dispositi on more favorable to defendant.

D ISPOSITION The judgment is affirmed.

HULL , Acting P. J.

We concur:

MURRAY , J.

HOCH , J.