Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of Los Angeles County No. BA319082, Anita H. Dymant, Judge.
Stephen M. Lathrop, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
ALDRICH, J.
Ahmad Brazier (Brazier) appeals from the judgment entered following his plea of guilty to being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1)). The trial court sentenced Brazier to two years in prison. We affirm the judgment.
All further statutory references are to the Penal Code unless otherwise indicated.
FACTUAL AND PROCEDURAL BACKGROUND
The facts have been taken from the transcript of the preliminary hearing.
On March 18, 2007, Los Angeles Police Officer Christopher Campangna (Campangna), accompanied by a number of other officers, contacted Brazier as he was sitting in a wheel chair in front of his home at 4412 South Gramercy Place in Los Angeles. Campangna had previously been in contact with Brazier and knew him as “Rick Rock” of the Rolling 40’s gang. An officer who had accompanied Campangna, Officer Willers, searched Brazier and found him to be in possession of a piece of rock cocaine.
Campangna and his partner, Officer Fedynich, searched Brazier’s residence. From underneath the bed in Brazier’s room, Campangna recovered a shot gun loaded with six live rounds. On top of the dresser, Campangna observed a digital scale and two Motorola cellular telephones. In the kitchen, underneath the stove, Campangna found approximately 20 one-inch square ziploc baggies, each of which contained a green leafy substance resembling marijuana. Next to the marijuana was a plastic bag containing $387 in miscellaneous bills.
Campangna was of the opinion that Brazier possessed the shotgun and the marijuana to promote, benefit and protect his criminal street gang. With regard to the shotgun in particular, Campangna stated it was his opinion that Brazier “possessed the gun illegally for the furtherance of his gang, to protect his gang or to carry out missions for his gang, if need be, and . . . to protect his marijuana[,]” which he sold to provide money for his gang.
2. Procedural History.
An information filed on April 17, 2007, charged Brazier with being a felon in possession of a firearm (§ 12021, subd. (a)(1)), possession of cocaine base (Health & Saf. Code, § 11350, subd. (a)), and possession of marijuana for sale (Health & Saf. Code, § 11359). It was further alleged as to counts one and three that the offenses had been committed for the benefit of, at the direction of and in association with a criminal street gang with the specific intent to promote, further and assist in criminal conduct by gang members (§ 186.22, subd. (b)(1)(A)).
That same day, April 17th, Brazier entered into a negotiated plea agreement under the terms of which he was to plead guilty to count one of the information, being a felon in possession of a firearm. In exchange for his plea, Brazier was to be sentenced to two years in prison and the remaining charges and allegations were to be dismissed.
After waiving his right to a jury trial, the right to confront and cross-examine the witnesses against him, the right to subpoena witnesses and present a defense and his privilege against self-incrimination, Brazier pleaded guilty to being a felon in possession of a firearm in violation of section 12021, subdivision (a)(1). Brazier then admitted he previously had been convicted of five felonies alleged in the information, including: possession for sale of P.C.P.; “hit-and-run and felony [driving under the influence of alcohol or drugs] with injury and resisting arrest;” opening or maintaining a place for the purpose of unlawfully selling, giving away or using any controlled substance; and possession of a controlled substance.
Before Brazier entered the plea, the prosecutor asked him, “And do you understand that by pleading guilty today you are waiving any and all appeal rights you may have regarding this case? [¶] Do you understand that?” Brazier responded, “Yes.”
The trial court sentenced Brazier to the middle term of two years in prison for his conviction of being a felon in possession of a firearm. Brazier was awarded presentence custody credit for 31 days actually served and 14 days of good time/work time, for a total of 45 days. The trial court imposed a $200 restitution fine (§ 1202.4, subd. (b)), a suspended $200 parole revocation restitution fine (§ 1202.45) and a $20 court security fee (§ 1465.8, subd. (a)(1)). The trial court then dismissed all remaining counts and allegations.
On May 18, 2007, Brazier filed a timely notice of appeal.
This court appointed counsel to represent Brazier on appeal on July 11, 2007.
CONTENTIONS
After examination of the record, appointed appellate counsel filed in this court an opening brief which raised no issues and requested this court to conduct an independent review of the record.
By notice filed October 30, 2007, the clerk of this court advised Brazier to submit within 30 days any contentions, grounds of appeal or arguments he wished this court to consider. No response has been received to date.
APPELLATE REVIEW
We have examined the entire record and are satisfied Brazier’s counsel has complied fully with counsel’s responsibilities. (Smith v. Robbins (2000) 528 U.S. 259, 278-284; People v. Wende (1979) 25 Cal.3d 436,443.)
DISPOSITION
The judgment is affirmed.
We concur: KLEIN, P. J., CROSKEY, J.