Filed 8/5/16 P. v. Ramirez CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 or dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

GUADALUPE RAMIREZ,

Defendant and Appellant. H042966 (Monterey County Super. Ct. No s . SS142280A, SS151352A)

Defendant Guadalupe Ramirez appeals after he was sentenced to a 16

- month

prison term for convictions of possessin g drugs or alcohol in jail or prison (Pen. Code,

§ 4573.8) 1 and carrying a concealed dirk or dagger (§ 21310), with a concurrent 365

- day

jail term for a conviction of misdemeanor resisting an executive officer (§ 69).

On appeal, defendant’s appointed counsel has filed a brief pursuant to People v.

Wende (1979) 25 Cal.3d 436 that states the cas e and facts, but raises no iss ue. We

notified defendant of his right to submit written argument on h is own behalf within

30 days. The 30

- day period has elapsed and we ha ve received no response from

defendant

.

1 All further statutory references are to the Penal Code unless otherwise indicated.2

Pursuant to People v. Wende, supra, 25 Cal.3 d 436 and People v. Kelly (2006)

40 Cal.4th 106, we have reviewed the entire record. Followi ng the California Supreme

Court’ s direction in People v. Kelly, supra, at page 110, we provide a brief description of

the facts and the procedural history of the c ase.

FACTUAL AND PROCEDURAL BACKGROUND

On April 23, 2015, the District Attorney filed a first amended complaint in case

No. SS142280A, charging defendant with possessin g a weapon while in custody in a

penal institution (count 1; § 4502, subd. (a)) and possessin g drugs or alcohol in jail or

prison (count 2; § 4573.8). 2 At a hearing that day, the complaint was further amended to

charge defendant with carrying a concealed d irk or dagger (count 3; § 21310), and

defendant thereafter pleaded no contest to counts 2 and 3. At the sentencing hearing held

on June 18, 2015, the trial court suspended imposition of sentence and placed defendant

on probation for three years. The rema ining charge (count 1) was dismissed.

On August 24, 2015, the District Attorney filed a complaint in case

No. SS151352A, charging defendant with resisting a peace officer and causing death or

serious bodily injury (count 1; § 148.10, subd. (a)) and resisting an executive officer

(count 2; § 69). The complaint alleged that defendant had three prior convictions that

qualified as strikes (§ 1170.12) and that he had served one prior prison term (§ 667.5,

subd. (b)).

On October 22, 2015, the District At torney amended count 2 in case

No. SS151352A to charge the violation of section 69 as a misdemeanor. Defendant then

pleaded no contest to that count, and the trial court found defendant in violation of his

2 At the time, defendant was in jail following his no contest plea, in case
No. S S111700A , to possession of a firearm by a felony (§ 12 021 , subd. (a)(1) ) and his admission to a gang allegation (§ 186.22 , subd. (b)(1) ) and a strike enhancement (§ 1170.12 , subd. (c)(l) ).3

probation in case No. SS142280A. The remaining c harge (count 1) and special

allegations were dismissed.

At the sentencing hearing held on November 5, 2015, the trial court imposed a

365

- day county jail sentence in case No. SS151352A, to be served concurrently with the

term for case No. SS142280A. In c ase No. SS142280A, the trial court imposed the lower

term of 16 months for count 2 and a concurrent 16

- month term for count 3.

DISCUSSION

Having carefully reviewed the entire record, we conclude that there are no

arguable issues on appeal. ( People v. Wen de

, supra , 25 Cal.3d at pp. 441

- 443.)

DISPOSITION

The judgment is affirmed.____________________________________ B AMATTRE

- MANOUKIAN, J

.

WE CONCUR:

_________________________________ ELIA, ACTING P.J.

_________________________________ MIHARA , J.