1 Filed 11/26/14 P. v. Alexius CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, Plaintiff and Respondent,

v. DONALD PAUL ALEXIUS, Defendant and Appellant. A142313
(Lake County Super. Ct. No. CR932497)

Defendant Donald Paul Alexius a ppeals from his conviction and resulting
sentence. The conviction followed defendant’ s no contest plea to a felony violation of
Penal Code 1 section 29800, subdivision (a), felon in possession of a firearm, and his admission to a March 2004 prior strike conviction. Defendant’s counsel has filed an opening brief in which no issues are raised, and asks this court for an independent re view of the record as required by People v. Wende (1979) 25 Cal.3d 436 ( Wende ). Counsel has declared that defendant has been notified that no issues were being raised by counsel on appeal, and that an independent review
under Wende instead was being requested. Defenda nt was also advised of his right personally to file a supplemental brief raisi ng any issues he chooses to bring to this court’s attention. No supplemental brie f has been filed by defendant personally.

1 All further statutory references are to the Penal Code, unless otherwise indicated.2 We have reviewed the wh ole record pursuant to Wende
, supra , 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, focusing upon grounds for appeal arising after entry of the plea. Having done so, we conclude that there is no arguable issue on appeal. Procedural and Material Factual Background of Case Defendant was charged by information da ted January 30, 2014, with being a felon in possession of a firearm (§ 29800, subd. (a)), and unlawful possession of ammunition (§ 30305, subd. (a)(1)). The information also alleged, pursuant to section 667, subdivisions (b) - (i), that de fendant had suffered a prior stri ke conviction (§ § 207, 245, subd. (a)(1)) in March 2004. The defens e filed a motion to suppress, which the prosecution opposed. Following a hearing on the motion to s uppress, the court found that defendant had been illegally detained, and ordered evidence f ound on him and his
statements made while detained suppressed. On April 23, 2014, defenda nt completed a written plea waiver form and entered a no contest plea to the charge of felon in posse ssion of a firearm. Defendant also admitted the prior strike conviction. In doing so, defendant voluntar ily and knowingly waived his constitutional protections and rights with regard to the charge, including a recognition that he faced a maximum of six years in st ate prison in connection with the plea. In return, the prosecutor dismissed the remaining charge in the inform ation, as well as a separate pending case against defendant. At sentencing on June 9, 2014, pursuant to the terms of the plea agreement, the court denied probation and imposed a 16-month prison term for the felon in possession of a firearm offense, doubled by virtue of the prior strike convictio n to two years eight
months. Other fines and conditions were imposed as recorded in the record, and defendant was given one day of actual custody credit against his term. A timely notice of appeal was filed on June 30, 2014. Conclusions Based Upon In dependent Record Review Upon our independent review of the reco rd, we conclude there are no meritorious issues to be argued, or that re quire further briefing on appeal.3 We also discern no error in the plea dis position or in sentencing. The sentence defendant received, and the restitution fines, and conditions imposed were supported by
the law and facts. At all times de fendant was represented by counsel.
DISPOSITION The judgment is affirmed.4 _ _____________________ Bolanos, J.*

We concur:

__________ ____________ Reardon, Acting P.J.

__________ ____________ Rivera, J.

* Judge of the San Francisco City and County Superior Court, assigned by the Chief Justice pursuant to article VI, sect ion 6 of the California Constitution.