Opinion
B235458
08-20-2012
THE PEOPLE, Plaintiff and Respondent, v. JAMES ROACH, Defendant and Appellant.
Julia J. Spikes, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. BA372400)
APPEAL from a judgment of the Superior Court of Los Angeles County, Lisa B. Lench, Judge. Affirmed.
Julia J. Spikes, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
After receiving information from a confidential informant, narcotics officers obtained a search warrant and went to an apartment complex. Upon arriving at the designated apartment, the officers knocked on the front door and announced their presence. The wooden front door was open. Through the security screen door officers could see James Roach and Justin Leighton Wilson inside the apartment. The officers entered and searched the apartment. They found a box of sandwich bags on a table, a drawer containing rubber-banded money, a pay-owe sheet, a digital scale and some rock cocaine. Inside a bathroom the officers also found drugs and cash in and around the toilet. The officers detained Roach and Wilson, as well as George Bruce, who was holding a prescription bottle containing rock cocaine, and Anthony J. Sullivan, who was attempting to hide a small plastic bag.
Roach was charged by amended information with possession for sale of cocaine base (Health & Saf. Code, § 11351.5). The information specially alleged Roach had served one prior prison term within the meaning of Penal Code section 667.5, subdivision (b), and had suffered one prior drug-related conviction within the meaning of Health and Safety Code section 11370.2, subdivision (a).
A jury convicted Roach as charged. In a bifurcated proceeding Roach admitted the special allegations. The trial court sentenced Roach to an aggregate state prison term of seven years, consisting of the four-year middle term for possession of cocaine base for sale plus three years for the Health and Safety Code section 11370.2, subdivision (a), enhancement. The court dismissed the prior prison term enhancement in the interest of justice. (Pen. Code, § 1385.) Roach was awarded 268 days of presentence credit (134 actual days and 134 days of conduct credit). The court also imposed a $200 restitution fine, a $40 court security fee, a $30 criminal conviction assessment and a $50 lab fee. The court imposed and suspended a $200 parole revocation fine pursuant to Penal Code section 1202.45.
We appointed counsel to represent Roach on appeal.
After examination of the record counsel filed an opening brief in which no issues were raised. On June 13, 2012 we advised Roach he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied Roach's attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106, 112-113; People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
PERLUSS, P. J. We concur:
WOODS, J.
JACKSON, J.