Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. KA077913, Tia Fisher, Judge.
Marylou Hillberg, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
ZELON, J.
Raymond Bryant ran from officers during a traffic stop and was later apprehended in possession of methamphetamine. Bryant was charged by criminal complaint with transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)) (count 1), possession for sale of methamphetamine (Health & Saf. Code, § 11378) (count 2), driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)) (count 3), driving with a blood alcohol level of .08 percent or more (Veh. Code, § 23152, subd. (b)) (count 4), and resisting, obstructing or delaying a peace officer (Pen. Code, § 148, subd. (a)(1)) (count 5).
At the conclusion of the preliminary hearing, the magistrate granted Bryant’s motion to dismiss count 1, transporting methamphetamine, but ordered Bryant to be held to answer in superior court on the remaining counts.
Bryant was charged by information on April 4, 2007 with possession for sale of methamphetamine (count 1), and the three misdemeanor offenses of driving under the influence, driving with a blood alcohol level in excess of .08 percent, and resisting, obstructing and delaying a peace officer. The information specially alleged as to count 1 that Bryant had suffered a prior serious or violent felony conviction within the meaning of the “Three Strikes” law (Pen. Code, § 667, subds. (b)-(i); 1170.12, subds. (a)-(d)), had served a separate prison term for a felony (Pen. Code, § 667.5, subd. (b)) and had suffered one prior drug-related conviction (Health & Saf. Code, § 11370.2, subd. (c)). Represented by retained counsel, Bryant pleaded not guilty to all counts and denied the special allegations.
On May 24, 2007, the trial court conducted in camera proceedings pursuant to Bryant’s motion for production of documents under Pitchess v. Superior Court (1974) 11 Cal.3d 531 and Evidence Code section 1043 and found no discoverable material. The same date, the People filed an amended information to add count 5, charging Bryant with transporting methamphetamine. As to counts 1 and 5, the amended information specially alleged the sentencing enhancements originally alleged in the information as to count 1. Bryant pleaded not guilty to all counts and denied the special allegations as to counts 1 and 5 of the amended information.
Following the in camera hearing, the trial court ordered the custodian of records to produce another personnel file for inspection. The court reviewed this additional Pitchess material and determined there was nothing discoverable.
On May 29, 2007, the trial court heard and denied Bryant’s motion to dismiss count 5 of the amended information pursuant to Penal Code section 995, and jury trial commenced.
According to the evidence at trial, on January 27, 2007, California Highway Patrol Officers Michelle Marks and her partner were patrolling a freeway close to midnight. Marks saw a car in the adjacent lane swerve onto the shoulder, noticed the car’s registration tags had expired, and initiated a traffic stop off the freeway. Marks contacted Bryant, the driver, and detected the odor of alcohol on Bryant’s breath. After asking some investigatory questions, Marks had Bryant perform various field sobriety tests. Marks also administered a preliminary screening test. While Marks was waiting for the test results to register, Bryant fled on foot. Marks gave chase only briefly because Bryant had not been frisked for weapons.
About an hour later, Glendora Police Officer Timothy Staab found Bryant on the street not far from where his car had been stopped. Bryant was searched by police and ordered to sit on the curb. When Bryant sat down and extended his legs, a plastic object flew out from under the right cuff of his sweatpants. Staabs determined it was a plastic baggie, inside of which were seven small baggies containing a combined weight of 1.17 grams of methamphetamine. Inside Bryant’s jacket, police recovered $5,200 in $100 bills.
Following his arrest, Bryant submitted to a blood test that showed his alcohol level to be .10 percent. No methamphetamine was detected in his blood.
Bryant’s motion to dismiss under Penal Code section 1118.1 was heard and denied.
Bryant did not testify in his defense. Jean Royer, district manager for H & R Block, testified on January 27, 2007, Bryant had been issued a check for $6,572.24 reflecting the amount of his anticipated Internal Revenue Service income tax refund. California Highway Patrol Officer John Escobedo testified he found no contraband or drug paraphernalia during an inventory search of Bryant’s car.
The trial court granted Bryant’s motion to bifurcate trial of the prior conviction allegations. While the jury was deliberating, Bryant waived his right to a jury trial of the prior convictions.
The jury acquitted Bryant of count 1, possession for sale of methamphetamine, but convicted him of the lesser included offense of possession of methamphetamine (Health & Saf. Code, § 11377) and of the remaining counts 2 through 5.
At the sentencing hearing, Bryant waived court trial on the prior conviction allegations and admitted his prior convictions were true. The court heard and denied Bryant’s motion to dismiss his prior strike (burglary) conviction for sentencing purposes under People v. Superior Court (Romero) (1996) 13 Cal.4th 497. Bryant was sentenced to an aggregated term of ten years in state prison, consisting of six years (the three-year middle term doubled under the Three Strikes law) for transporting methamphetamine (count 5), three years for the prior drug-related conviction enhancement (Health & Saf. Code, § 11370.2, subd. (c)), and one year for the prior prison term enhancement (Pen. Code, § 667.5, subd. (b)). On the remaining counts 1 through 4, the trial court stayed imposition of sentence under Penal Code section 654.
Bryant received presentence custody credit of 248 days (166 actual days and 82 days of conduct credit). The court ordered Bryant to pay a $20 security assessment, a $50 lab fee plus penalty assessment, and a $200 restitution fine. A parole revocation fine was imposed and suspended pursuant to Penal Code section 1202.45.
Bryant filed a timely appeal and we appointed counsel to represent him on appeal. After an examination of the record, counsel filed an “Opening Brief” in which no issues were raised. On February 5, 2008, we advised Bryant he had 30 days within which to personally submit any contentions or issues he wished us to consider. On February 21, 2008, we received a hand printed response in which Bryant made the following claims, (1) he was “never formally charged with” transporting methamphetamine in violation of Health & Safety Code section 11379, subdivision (a); (2) the evidence was insufficient to support his conviction of that offense; (3) the trial court erred by instructing the jury on the elements of transporting methamphetamine; (4) the trial court erred by sentencing him under the Three Strikes and by imposing the three-year prior drug-related conviction enhancement; and (5) defense counsel was constitutionally ineffective for allowing Officer Marks to remain in court during the preliminary hearing as the People’s designated investigating officer.
We have examined the entire record and are satisfied Bryant’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, 112-113; People v. Wende (1979) 25 Cal.3d 436, 441.) Bryant’s claims are not supported by the record on appeal and/or the applicable law.
The judgment is affirmed.
We concur: PERLUSS, P. J., WOODS, J.