People v. Sprague CA3

BACKGROUND

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) On October 7, 2015, 41 live rounds of .22-long rifle ammunition were found in the backseat of defendant’s car. Defendant pleaded no contest to being a felon in possession of ammunition. (Pen. Code, § 30305, subd. (a)(1).) Per the parties’ agreement, the trial court sentenced defendant to 120 days in county jail, awarded 13 days presentence custody credit, and placed defendant on probation. The trial court imposed a $300 restitution fine (Pen. Code, § 1202.4, subd. (b)), a corresponding probation revocation fine suspended unless probation is revoked (Pen. Code, § 1202.44), a criminal impact fee (Pen. Code, § 1465.7, subd. (a)), a $40 court operations fee (Pen. Code, § 1465.8), and a $30 conviction assessment (Gov. Code, § 70373). Defendant obtained a certificate of probable cause.

DISCUSSION

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks us to determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d…