The People v. Hernandez CA4/2

I. INTRODUCTION

Pursuant to a plea agreement, defendant Augustine Hernandez was sentenced to

six years in prison after pleading guilty to unlawfully possessing methamphetamine with

1 a loaded, operable firearm (count 1) and possessing a firearm as a felon (count 2) and

admitting he committed count 2 for the benefit of a criminal street gang and two prison

priors. (Health & Saf. Code, § 11370.1; Pen. Code, §§ 29800, subd. (a), 186.22, subd.

(b), 667.5, subd. (b).)1 Additional charges and prison prior allegations were dismissed.

Defendant appeals and his request for a certificate of probable cause was denied. (Pen.

Code, § 1237.5.)

Defendant’s counsel filed an opening brief raising no issues and asking this court

to independently review the record and determine whether there are any arguable issues

as required by People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40

Cal.4th 106. Counsel notified defendant of these actions and further advised him of his

right to file a supplemental brief raising any issues he wished to bring to this court’s

attention. Defendant has not filed a supplemental brief. We have reviewed the entire

record and conclude there are no…