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Filed 11/14/22 P. v. Gentry CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte)

----

THE PEOPLE,

Plaintiff and Respondent,

v.

BRANDON MICHAEL GENTRY,

Defendant and Appellant. C095339

(Super. Ct. Nos. 19CF05900 & 19CF07403)

Appointed counsel for defendant Brandon Michael Gentry asks this court to

review the record to determine whether there are any arguable issues on appeal. ( People

v. Wende (1979) 25 Cal. 3d 436.) Finding no arguable error that would result in a

disposition more favorable to defendant, we will affirm the judgment.

BACKGROUND

On September 12, 2019, defendant was stopped by a police officer for failing to

stop at a stop sign. After learning defendant was on probation, as well as a documented

gang member, the officer searched defendant’s car. The officer found a loaded handgun2

in between the driver’s seat and center console and a pi ll bottle containing ammunition.

Defendant was arrested and charged with unlawful firearm activity and possession of

ammunition in Butte County Superior Court case No. 19CF05900 (case No. 900). On

October 2, 2019, defendant pleaded no contest to both cha rges; he was released on his

own recognizance.

On November 13, 2019, while out on his own recognizance, defendant was again

stopped for a traffic violation. The officer conducted a patdown search of defendant and

found a fixed

- blade knife, methamphetamin e, and drug paraphernalia. Defendant was

arrested and charged in Butte County Superior Court case No. 19CF07403 with a single

felony

, carrying a dirk or dagger, and two drug

- related misdemeanors. The People also

alleged defendant committed the felony off ense while released on his own recognizance

in case No. 900.

On February 5, 2020, f ollowing an unsuccessful Marsden motion, 1 defendant

pleaded no contest to possessing a dirk or dagger and admitted he committed the offense

while released on his own recog nizance in case No. 900. Resolving both cases, the trial

court placed defendant on three years of formal probation and ordered him to serve 280

days in county jail.

Defen d ant violated his probation twice and was reinstated twice before December

8, 2021, when defendant again violated probation and was sentenced to an aggregate term

of five years four months in state prison.

Defendant timely appealed but did not obtain a certificate of probable cause.

DISCUSSION

Appointed counsel filed an opening br ief setting forth the facts of the case and

asking this court to review the record and determine whether there are any arguable

1 People v. Marsden (1970) 2 Cal.3d 118.3

issues on appeal. ( People v. Wende

, supra , 25 Cal. 3d 436.) Defendant was advised by

counsel of the right to file a supplementa l brief within 30 days from the date the opening

brief was filed, but to date, has not done so. Our review of the record pursuant to Wende

disclosed no arguable errors in defendant’s favor.

DISPOSITION

The judgment is affirmed.

/s/
HOCH

, Acting P. J.

We concur:

/s/ RENNER, J.

/s/
EARL , J.