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People v. Campbell

California Court of Appeals, First District, Fourth Division
Mar 10, 2010
No. A126441 (Cal. Ct. App. Mar. 10, 2010)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. CHARLES CAMPBELL, JR., Defendant and Appellant. A126441 California Court of Appeal, First District, Fourth Division March 10, 2010

NOT TO BE PUBLISHED

Alameda County Super. Ct. No. 152982

Reardon, J.

In July 2006, appellant Charles Campbell, Jr. pled no contest to sale of cocaine base and was granted probation. Almost two years later, a motion to revoke probation was filed alleging possession of a controlled substance. Appellant admitted the violation and was reinstated on probation on the same terms and conditions. In April 2009, another motion to revoke was filed alleging that appellant again sold rock cocaine. After a hearing, the trial court found that appellant had violated his probation, probation was revoked, and he was sentenced to five years in state prison.

At the hearing on the motion to revoke probation, evidence was adduced that police observed appellant engage in what appeared to be three separate street sales of drugs in a “high narcotics area” of Oakland. When arrested, some of the customers were found to be in possession of the rock cocaine purchased from appellant.

Counsel for appellant has filed an opening brief raising no issues and asking this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have conducted the requested review and conclude that there are no arguable issues.

The evidence was sufficient to support the trial court’s finding that appellant engaged in sales of a controlled substance. There was no error in the admission of the lab reports because Crawford does not apply in a probation revocation proceeding. (People v. Gomez (2010) 181 Cal.App.4th 1028; People v. Stanphill (2009) 170 Cal.App.4th 61; U.S. v. Hall (9th Cir. 2005) 419 F.3d 980.) There was no sentencing error.

Crawford v. Washington (2004) 541 U.S. 36.

Judgment affirmed.

We concur: Ruvolo, P.J.Sepulveda, J.


Summaries of

People v. Campbell

California Court of Appeals, First District, Fourth Division
Mar 10, 2010
No. A126441 (Cal. Ct. App. Mar. 10, 2010)
Case details for

People v. Campbell

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. CHARLES CAMPBELL, JR., Defendant…

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

Date published: Mar 10, 2010

Citations

No. A126441 (Cal. Ct. App. Mar. 10, 2010)