Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County, Super.Ct.No. SWJ003981, Mark Ashton Cope, Judge. Affirmed.
Catherine White, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RAMIREZ, P.J.
STATEMENT OF THE CASE
On September 12, 2006, the Riverside County District Attorney filed a two-count subsequent petition against defendant, David N. The petition alleged in paragraph one that defendant possessed marijuana for sale in violation of Health and Safety Code section 11359. Paragraph two alleged that defendant possessed not more than 28.5 grams of marijuana upon school grounds in violation of Health and Safety Code section 11357.
On February 7, 2007, after a contested jurisdictional hearing, the trial court found the allegations in the petition to be true. Thereafter, on March 8, 2007, the trial court continued wardship with certain conditions and ordered that defendant serve 14 to 28 days in juvenile hall.
The facts are taken from the jurisdictional hearing.
On June 2, 2006, Murrieta Police Department Sergeant David Baca was working as a school resource officer at Murrieta Valley High School. He met and searched the defendant. Officer Baca found a police scanner in defendant’s front waistband. He also searched defendant’s water bottle. He twisted off the bottom and found 12 grams of marijuana inside, individually wrapped into 10 packets. When asked about the marijuana, defendant hung his head and shook it. He then said “he was going to do 3 years in jail for this.”
After being advised of his Miranda rights, defendant told Sergeant Baca that he bought the marijuana from an unknown male who had approached him on the street. Defendant paid $120 for the individual baggies. Defendant also explained that the scanner was given to him by his uncle.
Sergeant Baca later searched defendant’s home. Defendant told the sergeant that there was marijuana inside his lockbox, then provided a key. Sergeant Baca found half a gram of marijuana inside the box.
Defendant testified, and denied that he possessed the marijuana for sale. In Sergeant Baca’s opinion, however, the marijuana was packaged for sale. He admitted that defendant did not have typical indicia of sales such as pagers, pay-owe sheets, or cell phones, but he did not believe such items were necessary to enable him to form the opinion that defendant was possessing marijuana for sale.
Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
We concur: HOLLENHORST, J., McKINSTER, J.