Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. SCD196272, David J. Danielsen, Judge.
O'ROURKE, Acting P. J.
Reginald Howard pleaded guilty to selling cocaine base (Health & Saf. Code, § 11352, subd. (a); Pen. Code, § 1203.073, subd. (b)(7)), possessing cocaine base for sale (Health & Saf. Code, § 11351.5), and misdemeanor giving false information to a peace officer (Pen. Code, § 148.9, subd. (a)), with the first two counts each enhanced by four prior Health and Safety Code section 11352 convictions (Health & Saf. Code, § 11370.2, subd. (a)) and accompanied by one no-probation prior conviction (Pen. Code, § 1203.07, subd. (a)(11)). The court dismissed all but one of the Health and Safety Code section 11370.2 enhancements and suspended execution of a six-year prison sentence: the three-year lower term for selling cocaine base, a stayed (Pen. Code, § 654) three-year lower term for possessing cocaine base for sale and three years for the remaining Health and Safety Code section 11370.2, subdivision (a) enhancement. It suspended criminal proceedings (Welf. & Inst. Code, § 3051) and ordered Howard committed to the California Department of Corrections and Rehabilitation. Later, it reinstated criminal proceedings and executed the sentence. Howard appeals. We affirm.
BACKGROUND
On January 18, 2006, San Diego Police officers were conducting a "buy/bust" operation downtown. An undercover officer walking in the area heard someone yell, "Hey." The officer turned around and saw Howard and another man. As Howard approached, the officer said he was looking for "twenty," slang for $20 worth of cocaine base. Howard told the officer to follow him and asked if the officer would be willing to "break a piece off." Howard also asked for the officer's money and said he would "take care of it." Howard contacted two men standing on the corner, then returned to the officer and handed him a rock of cocaine base weighing 17 grams. At the police station, Howard identified himself as Brendan Howard and gave the wrong birth date.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. He presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, he lists, as possible but not arguable issues, whether the court abused its discretion by "refusing to strike the remaining strike" and whether Howard received proper credit for time served.
There was no strike (Pen. Code, § 667, subds. (b)-(i)). Presumably counsel means to pose the issue whether the court abused its discretion by refusing to strike the remaining Health and Safety Code section 11370.2, subdivision (a) enhancement.
We granted Howard permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Howard has been competently represented by counsel on this appeal.
DISPOSITION
Judgment affirmed.
We Concur.
AARON, J., IRION, J.