Opinion
H043941
04-24-2017
THE PEOPLE, Plaintiff and Respondent, v. EUGENE BLACKWELL, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Santa Clara County Super. Ct. No. C1628899)
Defendant Eugene Blackwell seeks review of a judgment following his conviction by plea to selling methamphetamine. The charges arose on February 13, 2015, when defendant sold .25 grams of "crystal" methamphetamine to an undercover police officer. Defendant was charged by felony complaint with one count of selling a controlled substance, in violation of Health and Safety Code section 11379, subdivision (a). He was twice released on "Supervised Own Recognizance" but on April 11, 2016, after the second reported violation of the conditions of his release, that status was revoked.
On July 13, 2016, after being advised of his trial rights, defendant pleaded no contest to the charge. The trial court suspended imposition of sentence and placed defendant on formal probation for three years, conditioned on service of four months in county jail and avoidance of specifically defined areas of San Jose during his probation. He was also ordered to refrain from possessing firearms and illegal drugs, pay various fees and fines, and, upon his release, register as a narcotics offender. Defendant filed a timely notice of appeal pertaining to the sentence or other post-plea matters.
Those areas, the court explained, were known as "the high crime areas for selling dope."
In his notice of appeal defendant also indicated that his appeal challenges the validity of the plea, but he did not submit a certificate of probable cause enabling him to raise such issues. --------
Appointed appellate counsel has filed an opening brief that states the factual and procedural history of the case but raises no issues. As did counsel, we notified defendant of his right to submit written argument on his own behalf within 30 days. The 30-day period has elapsed and we have received no response from defendant. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgment is affirmed.
/s/_________
ELIA, ACTING P.J. WE CONCUR: /s/_________
BAMATTRE-MANOUKIAN, J. /s/_________
MIHARA, J.