Filed 1/3/20 P. v. Ibarra CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

NATHANIEL IBARRA,

Defendant and Appellant.

F079233

(Super. Ct. No. DF014026A)

OPINION

THE COURT*

APPEAL from a judgment of the Superior Court of Kern County. Robert S. Tafoya, Judge.

Allan E. Junker, under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

Appointed counsel for defendant Nathaniel Ibarra asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed and we received no communication from defendant. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm.

BACKGROUND

On December 18, 2018, defendant, a convicted felon, was in possession of an assault rifle.

On February 6, 2019, defendant pled no contest to being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1); count 1) in exchange for a two-year prison term and dismissal of all remaining counts.

On March 7, 2019, the trial court imposed the midterm of two years in prison, awarded credits, and imposed various fines and fees.

On May 6, 2019, defendant filed a notice of appeal.

On July 10, 2019, appointed counsel requested pursuant to section 1237.2 that the trial court stay the $40 section 1465.8 assessment, the $30 Government Code section 70373 assessment, and the $300 section 1202.4 restitution fine.

On July 24, 2019, the trial court granted the request and ordered the payment of these amounts stayed pending a hearing on July 23, 2020, to determine defendant’s ability to pay.

Having undertaken an examination of the entire record, we find no evidence of ineffective assistance of counsel or any other arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.