Filed 8/5/16 P. v. Ramirez CA6

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California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

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or ordered 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. Nos. SS142280A,

 SS151352A)

Defendant Guadalupe Ramirez appeals after he was sentenced to a 16-month 

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

§ 4573.8)1and 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 case and facts, but raises no issue. We 

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

30 days. The 30-day period has elapsed and we have 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.3d 436 and People v. Kelly (2006) 

40 Cal.4th 106, we have reviewed the entire record. Following 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 case.

FACTUAL AND PROCEDURAL BACKGROUND

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

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

penal institution (count 1; § 4502, subd. (a)) and possessing 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 dirk 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 remaining 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 Attorney 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. SS111700A, to possession of a firearm by a felony (§ 12021, 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 charge (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 case 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. Wende, supra, 25 Cal.3d at pp. 441-443.)

DISPOSITION

The judgment is affirmed.
____________________________________

BAMATTRE-MANOUKIAN, J.

WE CONCUR:

_________________________________

 ELIA, ACTING P.J.

_________________________________

 MIHARA, J.