Filed 7/27/15 P. v. Mendoza 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 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.

EDWARD LEE MENDOZA,

Defendant and Appellant.

 H041340

 (Santa Cruz County

 Super. Ct. No. F25736)

Defendant Edward Lee Mendoza appeals after pleading no contest to possession 

of heroin. (Health & Saf. Code, § 11350, subd. (a).) Defendant was placed on 

Proposition 36 probation for 36 months. (See Pen. Code, § 1210 et seq.)

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.

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.
2

FACTUAL AND PROCEDURAL BACKGROUND

At about 8:10 a.m. on September 4, 2013, Watsonville Police Officer Leo Kafer 

was dispatched to an apartment complex following an anonymous caller’s report of two 

people “smoking drugs” inside a newer silver or gray Expedition. Officer Kafer located a 

vehicle matching the description in the apartment complex’s parking area. Officer Kafer 

approached defendant, who was the only person near the Expedition. He asked defendant 

how he was doing and explained why he was there.

Officer Javier Ayala arrived while Officer Kafer was speaking with defendant. 

Officer Ayala asked defendant if the Expedition belonged to him. Defendant stated that 

the vehicle belonged to his wife. Officer Ayala went over to the Expedition to see if 

anyone was inside the vehicle. He did not see any people, but “in plain view,” he saw a 

“rig,” i.e., a kit for heating and injecting heroin, which included a hypodermic needle, a 

bottle cap, and a bindle of a dark substance that appeared to be heroin.

Defendant was arrested. Officer Ayala asked if there were any other syringes on 

his person and if there was “anything else in the vehicle.” Defendant directed the officer 

to a case that contained another “rig.”

Defendant was charged, by information, with possession of heroin (Health & Saf. 

Code, § 11350, subd. (a); count 1) and possession of controlled substance paraphernalia 

(former Health & Saf. Code, § 11364.1, subd. (a); count 2). The information alleged that 

defendant had a prior strike conviction of battery with serious bodily injury. (Pen. Code, 

§§ 243, subd. (d), 667, subds. (b)-(i).)

Defendant filed a motion to suppress evidence (Pen. Code, § 1538.5, subd. (a)), 

arguing that he was unlawfully detained. After a hearing, the trial court denied the 

motion.

Defendant subsequently pleaded no contest to count 1 (possession of heroin). The 

prosecution moved to dismiss count 2 (possession of controlled substance paraphernalia) 

“in light of the plea” and to dismiss the strike allegation “in the interest of justice.” The 
3

trial court granted the motion. Defendant was placed on Proposition 36 probation for 36 

months. (See Pen. Code, § 1210 et seq.)

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, ACTING P.J.

WE CONCUR:

__________________________

MIHARA, J.

__________________________

GROVER, J.