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People v. Butler

California Court of Appeals, Fourth District, First Division
Sep 2, 2008
No. D052433 (Cal. Ct. App. Sep. 2, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. MEREDITH EUGENE BUTLER, Defendant and Appellant. D052433 California Court of Appeal, Fourth District, First Division September 2, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. SCD209609, Theodore M. Weathers, Judge.

BENKE, Acting P. J.

Meredith Eugene Butler entered a negotiated guilty plea to selling cocaine base (Health & Saf. Code, § 11352, subd. (a)). The court suspended execution of a three-year lower term prison sentence, found he was addicted to narcotics, and instituted Welfare and Institutions Code section 3051 proceedings. The psychiatrist who evaluated Butler found he was not addicted to cocaine or in imminent danger of becoming addicted. The court adopted that finding and executed the prison sentence. Butler appeals. We affirm.

BACKGROUND

Butler sold .20 grams of rock cocaine to an undercover officer.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. He presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, he lists, as a possible but not arguable issue, whether there is sufficient evidence to support the finding Butler was not addicted or in imminent danger of becoming addicted to narcotics.

We granted Butler permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issue listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Butler has been competently represented by counsel on this appeal.

DISPOSITION

Judgment affirmed.

WE CONCUR: McDONALD, J., O'ROURKE, J.


Summaries of

People v. Butler

California Court of Appeals, Fourth District, First Division
Sep 2, 2008
No. D052433 (Cal. Ct. App. Sep. 2, 2008)
Case details for

People v. Butler

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MEREDITH EUGENE BUTLER, Defendant…

Court:California Court of Appeals, Fourth District, First Division

Date published: Sep 2, 2008

Citations

No. D052433 (Cal. Ct. App. Sep. 2, 2008)