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People v. Brown

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN
Jan 25, 2012
B230954 (Cal. Ct. App. Jan. 25, 2012)

Opinion

B230954

01-25-2012

THE PEOPLE, Plaintiff and Respondent, v. KASHAAD BROWN, Defendant and Appellant.

Adrian K. Panton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County Super. Ct. No. SA073687)

APPEAL from a judgment of the Superior Court of Los Angeles County, Katherine Mader, Judge. Affirmed.

Adrian K. Panton, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

On the night of May 13, 2010 Santa Monica Police Officer Christopher Kahmann and his partner were informed a narcotics transaction had occurred at a house on Michigan Avenue in Santa Monica. The officers drove by the house and saw a woman talking to the driver of a parked car outside the house. A computer check of the car's license plate showed that Kashaad Brown, the registered owner, had a suspended license. The officers parked in an adjacent alley to watch the car.

When the car drove away, the officers followed and subsequently initiated a traffic stop. Brown, the driver, produced his license and acknowledged it was suspended. The officers noted the address on Brown's license was the same as the house where the narcotics transaction had reportedly occurred. Brown was arrested for driving on a suspended license.

During a search of Brown, Officer Kahmann found a fixed-blade kitchen-type knife in Brown's pocket. Kahmann then searched Brown's car and recovered a total of 192 Methylenedioxymethamphetamine (Ecstasy) tablets divided into 17 separate plastic bags; $192 in cash; lists of names and telephone numbers on sheets of paper; and 15 grams of rock cocaine, most of which was inside a large bag and some of which was divided among three separate plastic bags contained inside the large bag. The officers also found a loaded, sawed-off shotgun protruding from a backpack inside the trunk of the car. Additional ammunition was inside the backpack. At trial Kahmann opined that Brown possessed the Ecstasy and the rock cocaine for the purpose of sale.

A jury convicted Brown of possession for sale of cocaine base (Health & Saf. Code, § 11351.5) and of Ecstasy (Health & Saf. Code, § 11378), possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)), unlawful possession of ammunition (Pen. Code, § 12316, subd. (b)(1)) and possession of a short barreled shotgun or rifle (Pen. Code, § 12020, subd. (a)(1)). In a bifurcated proceeding the trial court found that Brown had previously suffered drug-related felony convictions within the meaning of Health and Safety Code, sections 11370, subdivision (a), and 11370.2, subdivision (a), and that he had served a separate prison term for a felony (Pen. Code, § 667.5, subd. (b)).

A charge of possession of cocaine (Health & Saf. Code, § 11350, subd. (a)) relating to a separate incident was dismissed. The jury was unable to reach a verdict on a charge of possession for sale of cocaine base (Health & Saf. Code, § 11351.5), arising from that same incident; and it, too, was dismissed. The prosecutor also dismissed an enhancement allegation that Brown had been released on bail at the time he committed the May 13, 2010 offenses.

The trial court imposed an aggregate state prison sentence of six years, four months, consisting of the four-year middle term for possession for sale of cocaine base plus eight months (one-third the middle term of two years) for possession for sale of Ecstasy, plus eight months (one-third the middle term of 2 years) for possession of a firearm by a felon, plus one year for the prior prison term enhancement. Sentence on the remaining counts and enhancements was stayed. Brown received presentence custody credits of 494 days (247 actual days and 247 days of conduct credits). The court ordered Brown to pay a $30 security assessment as to each count, a $30 criminal conviction assessment and a $200 restitution fine. The court imposed and suspended a parole revocation fine pursuant to Penal Code section 1202.45.

Brown filed a timely notice of appeal. We appointed counsel to represent Brown on appeal. After examination of the record counsel filed an opening brief in which no issues were raised. On September 20, 2011 we advised Brown he had 30 days within which to personally submit any contentions or issues he wished us to consider. We have received no response to date.

We have examined the entire record and are satisfied Brown's attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

PERLUSS, P. J. We concur:

WOODS, J.

JACKSON, J.


Summaries of

People v. Brown

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN
Jan 25, 2012
B230954 (Cal. Ct. App. Jan. 25, 2012)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. KASHAAD BROWN, Defendant and…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN

Date published: Jan 25, 2012

Citations

B230954 (Cal. Ct. App. Jan. 25, 2012)