Opinion
D056732 No. SCD212735
08-11-2010
THE PEOPLE, Plaintiff and Respondent, v. HENRY KENNETH JONES, Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, John M. Thompson and David J. Danielsen, Judges. Affirmed.
Henry Kenneth Jones pleaded guilty to selling cocaine base (Health & Saf. Code, § 11352, subd. (a)) and possessing cocaine base for sale (§ 11351.5). Jones also admitted he had four prior narcotics convictions within the meaning of section 11370.2, subdivision (a), one prior serious/violent felony or strike conviction (Pen. Code, § 667, subds. (b)-(i)), and two prior prison terms within the meaning of Penal Code section
Statutory references are to the Health and Safety Code unless otherwise specified.
667.5, subdivision (b). The plea form specified no deal had been made with the prosecution, and Jones had entered a Cruz (People v. Cruz (1988) 44 Cal.3d 1247, 1254, fn. 5.) waiver.
The Cruz waiver read: "I understand that if pending sentencing I am arrested for or commit another crime, violate any condition of my release, or willfully fail to appear for my probation interview or my sentencing hearing, the sentence portion of this agreement will be cancelled. I will be sentenced unconditionally, and I will not be allowed to withdraw my guilty/no contest plea(s)."
After pleading guilty but before sentencing, Jones was arrested in an unrelated drug case. (Case No. SCN252861.) Jones was out of custody on bail at the time of this arrest.
The trial court denied Joness motion to withdraw his guilty pleas in this case.
After denying Joness motion to dismiss his prior strike conviction, the trial court sentenced Jones to eight years on the possession of cocaine base for sale count (the middle term of 4 years doubled under the Three Strikes law) in case No. SCN252861 and imposed a two-year enhancement for committing the crime while out on bail (Pen. Code, § 12022.1, subd. (b)). In case No. SCD212735, the trial court imposed a consecutive sentence of two years eight months for the selling cocaine base count and a concurrent term of eight years for the possessing cocaine base for sale count. Thus, Joness total
sentence on the two cases was 12 years eight months.
Jones did not file a Notice of Appeal in case No. SCN252861.
FACTS
On April 1, 2008, Jones and a codefendant sold.52 grams of cocaine base to an undercover police officer.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. 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 the trial court erred and abused its discretion by denying Joness motion to withdraw his guilty plea; (2) whether the trial court erred and abused its discretion by denying Joness motion to strike his prior strike conviction; (3) whether the trial court imposed unauthorized fines, penalties and assessments; and (4) whether the trial court erred or imposed an unauthorized sentence on awarding presentence custody credits.
We granted Jones permission to file a brief on his own behalf. He has not responded.
A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no other reasonably arguable appellate issue. Competent counsel has represented Jones on this appeal.
DISPOSITION
The judgment is affirmed.
IRION, J.
WE CONCUR:
BENKE, Acting P. J.
MCDONALD, J.