THE PEOPLE v. CARLO TRAVION CARRANZA (2010)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

After defendant Carlo Travion Carranza's Penal Code section 1538.5 motion was denied, he entered a negotiated plea of no contest to possession of marijuana for sale.   In conformity with the plea agreement, the trial court suspended imposition of sentence and placed defendant on formal probation.   The charge stemmed from observations by police officers who spotted a robbery suspect inside defendant's garage on May 15, 2009.   Through the open garage door, the officers smelled marijuana burning, saw a clear plastic bag that contained smaller plastic baggies of marijuana resting on defendant's lap, and saw other men in the garage smoking what the officers believed was marijuana.   After the officers entered the garage, they saw a partial “brick” of compressed marijuana near defendant.   Defendant told the officers the “weed” was his, and he was just trying to make some money.

Defendant did not obtain a certificate of probable cause, but filed a timely appeal.   We appointed counsel to represent defendant on appeal.   After examination of the record, counsel filed an opening brief raising no issues and asking this court to independently review the record.   On September 21, 2010, we advised defendant he had 30 days within which to personally submit any contentions or issues he wished us to consider.   To date, we have received no response.

We have examined the entire record and are satisfied that defendant's attorney has fully complied with his responsibilities and that no arguable issues exist.  (People v. Kelly (2006) 40 Cal.4th 106, 109-110;  People v. Wende (1979) 25 Cal.3d 436, 441.)

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED.

We concur:

CHANEY, J. JOHNSON, J.