Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County, Super. Ct. No. SCD218783 Kathleen M. Lewis, Judge.
IRION, J.
Carl Rudolph Smalls, Jr., entered into a negotiated plea agreement under which he agreed to plead guilty to the unlawful sale of a controlled substance (Health & Saf. Code, § 11352, subd. (a)) in exchange for a stipulated four-year prison term, with time to run concurrent with his sentence in case number CDC G23015. Subsequently, Smalls moved to withdraw his plea based upon mistake of fact. Specifically, Smalls claimed that, due to a breakdown in communication with his prior attorney, he thought he would receive substance abuse treatment while incarcerated, but his plea resulted in a sentence that precluded treatment. Following a hearing, the court granted the motion and Smalls withdrew his guilty plea.
Thereafter, Smalls entered into a second negotiated plea agreement under which he pled guilty to the unlawful sale of a controlled substance (Health & Saf. Code, § 11352, subd. (a)) in exchange for dismissal of the balance of the complaint, a stipulated three-year prison sentence and a chance to apply for the Senate Bill 618 reentry support program.
The trial court sentenced Smalls to prison for three years, gave him 367 days of credit, and ordered that he pay a $30 court security fee (Pen. Code, § 1465.8), a $30 criminal conviction assessment fee (Gov. Code, § 70373), a $600 restitution fine (Pen. Code, § 1202.4, subd. (b)) and another $600 parole revocation restitution fine, which was suspended unless parole were revoked (Pen. Code, § 1202.45). After sentencing, the trial court granted a defense motion to correct Smalls's presentencing custody credits based upon his eligibility to receive one-for-one credits under amended Penal Code section 4019.
Smalls was accepted into the Senate Bill 618 program.
Smalls did not request a certificate of probable cause.
I
FACTS
On January 28, 2009, San Diego Police Narcotics Team 8 conducted a drug buy/walk operation in the area of 15th Street in San Diego, an area known for narcotics activity. In the operation, Detective Simon Adams was working as a buyer of narcotics and carried four prerecorded $20 bills. Marla Jackson approached the detective and asked what he was "looking for." From his training and experience, Detective Adams knew this to be a common way dealers asked drug users if they were looking to make a purchase. The detective responded that he was looking to buy " 'a dub, ' " street slang for $20 of narcotics. Jackson then walked about 10 paces south and turned to Smalls, who was sitting on the ground covered with a blanket. Jackson pointed to the detective and said, "He wants some." Smalls began to manipulate a small piece of clear plastic and was observed to hand a small object to Jackson who, in turn, placed it in the detective's hand. Detective Adams recognized the off-white object to be cocaine base. Detective Adams then handed Jackson a premarked $20 bill; she immediately passed the bill to Smalls.
After the transaction was complete, Detective Adams gave the prearranged bust signal, and Smalls and Jackson were contacted by narcotics team members. Smalls was searched and found to be in possession the premarked $20 bill. Officers returned the money to Smalls and released him without arrest. Subsequent laboratory testing revealed that the object given to Detective Adams was.13 grams of cocaine base.
On February 3, Smalls and Jackson were arrested for unrelated offenses, and at that time Detective Adams booked them for the January 28 drug transaction.
On February 6, 2009, the People filed a felony complaint charging Jackson and Smalls with a violation of Health and Safety Code section 11352, subdivision (a), alleging they sold cocaine base in violation of Penal Code section 1203.073, subdivision (b)(7). In addition, the complaint alleged Smalls was presumptively ineligible for probation under Penal Code section 1203, subdivision (e)(4), and that he had suffered four prison priors within the meaning of Penal Code sections 667.5, subdivision (b), and 668.
Jackson is not involved in this appeal.
II
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel 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, counsel refers to as possible but not arguable issues: (1) whether Smalls's guilty plea is constitutionally valid; (2) whether Smalls was properly advised of his constitutional rights and the consequences of pleading guilty; (3) whether Smalls was sentenced in compliance with the plea bargain; and (4) whether the trial court abused its discretion in rendering judgment.
We granted Smalls 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 referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Smalls has been adequately represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: O'ROURKE, Acting P.J., AARON, J.