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The People v. Michael Christopher Helton

November 9, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MICHAEL CHRISTOPHER HELTON, JR., DEFENDANT AND APPELLANT.



(Super. Ct. No. CM031846)

The opinion of the court was delivered by: Mauro , J.

P. v. Helton

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appointed counsel for defendant Michael Christopher Helton, Jr., asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error, we will affirm the judgment and direct the trial court to make two corrections to the abstract of judgment.

I

Defendant was found in possession of a prescription medicine bottle containing 10 individually packaged baggies of methamphetamine. He was also found in possession of a black canvas bag containing more methamphetamine, two glass smoking devices, and a digital scale.

Represented by counsel, defendant pleaded no contest to possession of methamphetamine for sale (Health & Saf. Code, § 11378). He also admitted a February 2000 strike conviction for assault with a deadly weapon other than a firearm (Pen. Code, § 245, subd. (a)(1)).*fn1 The trial court dismissed the other charges and allegations against him in this case and in two pending traffic matters.

Prior to sentencing, defendant filed a motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) asking the trial court to dismiss his prior strike conviction. After hearing argument from counsel, the trial court denied defendant's Romero motion and sentenced him to an aggregate term of four years in prison (the middle term of two years, doubled pursuant to the Three Strikes law). The trial court awarded defendant 13 days of presentence custody credit (nine actual days plus four conduct days) and imposed various fines and fees.

The trial court granted defendant's request for a certificate of probable cause.

II

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within ...


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