1 Filed 5/29/13 P. v. Salinas CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, Plaintiff and Respondent,

v. JASON SALINAS, Defendant and Appellant. A136939

(Napa County Super. Ct. No. CR161358)

I. INTRODUCTION

A ppellant pled no contest to one count of sale of a controlled substance, but then failed to keep an appointment w ith a probation officer and, la ter, also failed to appear in court for his scheduled sentencing hearing. He was sentenced to a three-year midterm for that conviction plus two one-year te rms for prison priors. Pursuant to People v. Wende (1979) 25 Cal.3d 436 ( Wende ), he appeals and asks this c ourt to determine if there are any “post-plea sentencing” issues deserving of further briefing. We find none and hence affirm both the judgment and the sentence imposed

II. FACTUAL AND PROC EDURAL BACKGROUND On April 3, 2012, the Napa Special Inve stigation Bureau (NSIB) arranged for an informant to make a “buy” of methamphetamine from appellant. The informant was outfitted with a recorder and transmitting device and provided with $6 0 in NSIB money. As previously arranged, the in formant met appellant at a desi gnated intersection in Napa. The NSIB agents watched their meeting an d observed appellant hand the informant an2 item, which turned out to be 1.5 grams of methamphetamine. The meeting of the two men was recorded by devices supplied to the informant by the NSIB. On June 28, 2012, 1 the Napa County grand jury returned a first amended indictment charging appellant with one count of sale of a cont rolled substance under Health and Safety Code secti on 11379, subdivision (a), and also alleging that appellant had served two prison priors pursua nt to Penal Code section 667.5. The following day, June 29, appellant, who was represented by counsel and had

received and executed a written wa iver of his rights, entered a no contest plea to the charge and also admitted the prior prison term convictions. Under the plea agreement, appellant could receive a maximum term of f our years, the upper term on the one count charged, plus one year each for the two prison priors, for a tota l of six years. However, at that hearing, it was also exp licitly agreed that if appellant failed to make or keep an appointment with a probation officer or failed to appear at his sentencing hearing or reoffended, the plea would become an “open plea” and he could receive a more severe sentence. Appellant was then re leased on his own recognizance. Appellant was originally scheduled to m eet with a probation officer on July 17, but then rescheduled that appointment to July 20. He failed to appear for it, however. He also failed to appear at the schedu led sentencing hearing on August 13. When a sentencing hearing did take place , with appellant present, on September 26, the court denied him probation and sentence d him to a five-year term composed of a three-year midterm for the one count charge d and two one-year terms for the two prison priors. He was sentenced, under Penal Code se ction 1170, subdivision (h), to serve three of those years in the Napa County jail, with the other two years being suspended but to be served under mandatory supervision. On October 24, appellant file d a timely notice of appeal.

1 All further dates noted are in 2012.3 III. DISCUSSION In the view of the facts set forth above, we find no issues regarding the sentence imposed on appellant which are deserving of further briefing under the holding of Wende

. IV. DISPOSITION The judgment, including the sentence imposed, is affirmed.

_ ____________ ____________ Haerle, Acting P.J.

We concur:

_____________ ____________ Lambden, J.

_____________ ____________ Richman, J.