Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. PA058939, Burt Pines, Judge.
Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
SUZUKAWA, J.
Manuel Reyes appeals from the judgment entered following a jury trial in which he was convicted of the crime of possession of a controlled substance, to wit, methamphetamine (Health & Saf., Code § 11377, subd. (a)) and a court trial in which he was found to have suffered a prior conviction of a serious or violent felony within the meaning of the “Three Strikes” law (Pen. Code, §§ 1170.12, subds. (a)-(d) and 667, subds. (b)-(i)) and served six prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). He was sentenced to prison for a total of seven years, consisting of the middle term of two years doubled by reason of the Three Strikes law, plus one year each for three of his prior prison term enhancements.
The court struck the remaining three prior prison term enhancements pursuant to Penal Code section 1385.
The evidence at trial established that on April 12, 2007, at approximately 12:40 a.m., Los Angeles Police Officer Davis Giron was on patrol with his partner, Officer Pablo Rivera, in Sylmar. Officer Giron was the passenger in the patrol vehicle and observed appellant on the north side of the street, walking eastbound toward the officers. As appellant got closer to the officers, Officer Giron asked to speak to him. Appellant looked at Officer Giron, then looked away and kept walking as though trying to avoid the officers. Appellant’s hands were in his pockets, but then he took his left hand out of his jacket and appeared to throw something out of his jacket pocket. Appellant then walked into the middle of the street and raised his hands straight up in the air. Officer Giron detained appellant while Officer Rivera searched the area where appellant was seen throwing something from his pocket. Officer Rivera observed on the grass, a clear plastic baggie containing what appeared to be small white rocks of methamphetamine. The substance later tested positive for 1.35 grams of methamphetamine.
During the court trial on the prior conviction allegations, the court received as evidence People’s Exhibit 6, a certified set of records pursuant to Penal Code section 969, subdivision (b) from the California Department of Corrections; Exhibit 7, an abstract of judgment reflecting a felony conviction and prison commitment in March 1996; Exhibit 8, another abstract of judgment reflecting a felony conviction and prison commitment in May, 2003; and Exhibit 9, a rap sheet.
After review of the record, appellant’s court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.
On January 9, 2008, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied that no arguable issues exist, and that appellant has, by virtue of counsel’s compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)
DISPOSITION
The judgment is affirmed.
We concur: EPSTEIN, P. J., MANELLA, J