Opinion
A119748
4-25-2008
THE PEOPLE, Plaintiff and Respondent, v. H. BLAKE BARCLAY, Defendant and Appellant.
NOT TO BE PUBLISHED
Defendant appeals from a judgment entered on his pleas. His counsel has asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.)
Defendant pleaded no contest to transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a)), unlawful firearm activity (Pen. Code, § 12021, subd. (c)(1)), and misdemeanor driving under the influence (with two prior convictions) (Veh. Code, § 23152, subd. (a)) (docket No. CR 134149), and on a different docket, felony driving under the influence (with three prior convictions) (Veh. Code, § 23152, subd. (a)) (docket No. CR 136497). He admitted an allegation that the latter offense was committed while he was on bail in the first docket (Pen. Code, § 12022.1, subd. (b)). Defendant was placed on probation for five years and ordered to serve a year in county jail.
The charges in docket No. CR 134149 arose from an incident in March of 2007, when officers from the Napa County Sheriffs Department went to defendants home to conduct a probation search, due to reports that he was acting in an abnormal manner consistent with drug use. Through a window, the officers viewed a gun cabinet containing several rifles. When defendant arrived at the home shortly thereafter, the officers searched his car and found a glass pipe of the type used to smoke methamphetamine. Defendant indicated that he had been using methamphetamine for the last two weeks and was still "high" from using it that morning. In response to the officers questions, defendant admitted having several guns in the house.
The charges in docket No. CR 136497 arose from a June 2007 CHP traffic stop of the vehicle that defendant was driving. Defendant appeared to be under the influence of a drug. He indicated that he had used methamphetamine two days previously, and had taken four Vicodin pills about an hour before being stopped. Defendant failed a field sobriety test and was arrested for driving under the influence; a blood test indicated the presence of methamphetamine in his system.
Defendant was advised of his constitutional rights prior to the entry of his pleas, as well as the consequences of his pleas. The court found his pleas to be free and voluntary, and that there was a factual basis for both pleas. No error appears in the entry of his pleas, or in the sentencing proceedings. Defendant was represented by counsel at all relevant times. There are no meritorious issues to be argued on appeal.
The judgment is affirmed.
We Concur:
Ruvolo, P. J.
Rivera, J. --------------- Notes: Additional charges in each docket, as well as additional dockets, were dismissed as part of a negotiated disposition.