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People v. Price

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE
Mar 11, 2013
B240192 (Cal. Ct. App. Mar. 11, 2013)

Opinion

B240192

03-11-2013

THE PEOPLE, Plaintiff and Respondent, v. LOUIS RUDOLPH PRICE, JR., Defendant and Appellant.

Raymond M. DiGuiseppe, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County Super. Ct. No. BA386962)

APPEAL from a judgment of the Superior Court of Los Angeles County. Drew E. Edwards, Judge. Affirmed.

Raymond M. DiGuiseppe, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

After jury trial, defendant and appellant Louis Rudolph Price, Jr., was convicted of two counts of possession of a controlled substance. (Health & Saf. Code, § 11350.) In a bifurcated proceeding, the court found true an allegation that appellant had suffered a prior "strike" conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and three allegations that appellant had served a prior prison term. (Pen. Code, § 667.5, subd. (b).) He was sentenced to a total of 7 years in state prison.

The evidence at trial was as follows:

Los Angeles Police Officer Jesus Toris was patrolling the area around San Julian Street in downtown Los Angeles, an area known for sale and consumption of cocaine base. He saw appellant approach a woman, engage in a conversation with her, accept money from her, then take out a piece of plastic wrap and hand her a substance which appeared to be cocaine base. She put it in her mouth and left. Seven to ten minutes later, after attempting to find and detain the woman, Officer Toris observed appellant engage in a similar transaction with a man. Officer Toris attempted to find and detain the man. He could not find the man, and so approached appellant, who dropped plastic wrap containing cocaine base on the sidewalk. Testing later confirmed that the substance on the plastic wrap was cocaine base.

Officer Victor Campbell, Officer Toris's partner, testified similarly, though not identically.

Appellant testified on his own behalf and sought to impeach Officer Toris with two Pitchess witnesses.

We appointed counsel to represent appellant on appeal. On November 2, 2012, after examination of the record, counsel filed an opening brief in which no issues were raised. In that brief, counsel informed us that he had advised appellant that he could submit a supplemental brief on his own behalf, and had sent appellant a copy of the brief and a copy of the record on appeal.

On November 2, 2012, we advised appellant that he had 30 days in which to submit by brief or letter any argument or contention he wished this court to consider, and directed counsel to send a copy of the brief and of the record on appeal to appellant. No response has been received from appellant to date.

We have examined the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

ARMSTRONG, J. We concur:

TURNER, P. J.

KRIEGLER, J.


Summaries of

People v. Price

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE
Mar 11, 2013
B240192 (Cal. Ct. App. Mar. 11, 2013)
Case details for

People v. Price

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. LOUIS RUDOLPH PRICE, JR.…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

Date published: Mar 11, 2013

Citations

B240192 (Cal. Ct. App. Mar. 11, 2013)