Opinion
F084561
05-02-2023
THE PEOPLE, Plaintiff and Respondent, v. RORY DALE CARLOCK, Defendant and Appellant.
Maureen M. Bodo, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Fresno County No. F21903868, James A. Kelley, Judge.
Maureen M. Bodo, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
OPINION
THE COURT [*]
Appointed counsel for defendant Rory Dale Carlock asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant did not respond. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm.
BACKGROUND
On November 13, 2020, deputies stopped a car because it had no operational license plate lights. Defendant was riding in the passenger seat. After the deputies determined defendant was on mandatory supervision, they searched him and found $51, five baggies of methamphetamine, and a glass pipe containing white residue. When the deputies searched the car, they found a bag containing a digital scale and empty baggies near the passenger seat. The driver claimed he knew nothing about the drugs and the deputies released him and his car at the scene. Defendant was arrested and given a Miranda advisement. He eventually told detectives he bought one-half pound of methamphetamine from a friend he had met in jail for $1,400, as he did every couple of days. He used the scale to verify the amount. He had investors who helped him make the purchase, and he planned to sell the methamphetamine to about six people in Selma.
Miranda v. Arizona (1966) 384 U.S. 436.
These facts are taken from an investigation report and the probation officer's report.
On May 6, 2021, the Fresno County District Attorney charged defendant with possession for sale of one ounce or more of methamphetamine (Health &Saf. Code, § 11378; count 1), transportation for sale of one ounce or more of methamphetamine (§ 11379, subd. (a); count 2), and misdemeanor possession of a smoking device (§ 11364; count 3).
All statutory references are to the Health and Safety Code.
On February 24, 2022, defendant pled no contest to possession of methamphetamine for sale (count 1) and the remaining counts were dismissed.
On June 9, 2022, the trial court sentenced defendant to two years in prison, to be served concurrently to a five-year term imposed in another case.
On June 29, 2022, defendant filed a notice of appeal.
DISCUSSION
Having undertaken an examination of the entire record, we find no evidence of any arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
[*] Before Detjen, Acting P. J., Smith, J. and Meehan, J.