THE PEOPLE v. JAMES WESLEY REEVES (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

At a preliminary hearing on May 20, 2010, Los Angeles County Deputy Sheriff Uriel Cruz testified that on May 5, 2010, at around 8:45 a.m., he went to 1023 West Avenue H–6 in Lancaster with his partner.   Deputy Cruz saw James Wesley Reeves in the hallway inside the residence.   Reeves was arrested and placed in the back seat of the patrol car.   He was not advised of his rights.

Deputy Cruz spoke to Reeves's girlfriend, who pointed out Reeves's bedroom, and a man staying in the house temporarily, who also pointed out Reeves's room.   Deputy Cruz searched the room and found Reeves's property (including mail and a rental agreement) and men's clothing in Reeves's size.   On the top shelf of an open door closet, Deputy Cruz found four bullets, live rounds.   Reeves told Deputy Cruz that the room the ammunition was found in was his room.

An information filed June 1, 2010 charged Reeves with one count of possession of ammunition, in violation of Penal Code 1 section 12316, subdivision (b)(1), and also alleged that Reeves was prohibited from owning or possessing a firearm under sections 12021 and 12021.1, as well as Welfare and Institutions Code sections 8100 and 8103.   The information alleged three prior convictions within the meaning of sections 1170.12, subdivisions (a)-(d) and 667, subdivisions (b)-(i), and five prior convictions within the meaning of sections 667.5, subdivision (b) and 1203, subdivision (e)(4).

Reeves entered a nolo contendere plea on July 13, 2010.   On August 5, 2010, the trial court denied probation and sentenced Reeves to the upper term of three years.   Reeves received custody credits of 93 actual days and 46 good time/work time credits, for a total of 139 days, and was ordered to pay fines and a fee.   Reeves filed a timely notice of appeal on September 17, 2010, indicating that the appeal was based on the denial of a motion to suppress evidence under section 1538.5, and the court granted his request for a certificate of probable cause under section 1237.5.   In fact, there was no suppression motion.

We appointed counsel to represent Reeves on appeal.   After examining the record, counsel filed an opening brief raising no issues and asking this court to review the record independently.   On April 14, 2011, we advised Reeves 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.

Reeves challenges only the denial of a motion to suppress evidence.   Since Reeves filed no suppression motion in this case, he has not preserved any claims that the search was unlawful.  (People v. Hunter (2002) 100 Cal.App.4th 37, 41.)   Further, the record on appeal contains no adequate factual basis upon which to assess whether the failure to file a suppression motion caused prejudice, which is a necessary component of a claim of ineffective assistance of counsel.  (People v. Mitchell (2008) 164 Cal.App.4th 442, 466–467.)

We have examined the entire record and are satisfied that Reeves's counsel 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.

We concur:

FOOTNOTES

FN1. Unless otherwise indicated, all subsequent statutory references are to the Penal Code..  FN1. Unless otherwise indicated, all subsequent statutory references are to the Penal Code.

MALLANO, P. J. ROTHSCHILD, J.