Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County, Super.Ct.No. BAF004692, Roger A. Luebs, Judge. Affirmed.
James R. Bostwick, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RAMIREZ, P.J.
A jury convicted defendant of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and misdemeanor possession of a syringe. (Bus. & Prof. Code, § 4140.) The trial court found true allegations that defendant had four prior felony convictions and prison terms (Pen. Code, § 667.5, subd. (b)) and two prior serious felony convictions. (Pen. Code, §§ 667, subd. (c) & (e), 1170.12, subd. (c)(2)(A).)
The trial court denied defendant’s motion to reduce the felony possession to a misdemeanor, but granted his motion to dismiss one of the prior serious felony convictions. The trial court sentenced appellant to eight years in prison as follows: the two-year midterm for the felony possession doubled for the prior strike, plus one additional year for each of the four prior prison terms, plus a concurrent six-month term for the misdemeanor. Defendant appealed.
STATEMENT OF FACTS
A police officer stopped the pickup truck that defendant was driving because the view of the license plate numbers was obstructed by a tow ball. Two persons were on the bench seat beside defendant in the single-cab truck. The parties stipulated that the legality of the search was not an issue.
Defendant told the officer that the truck was his but was registered to his father. The officer asked defendant if he would find anything illegal in the vehicle. Defendant said that if he found paraphernalia on the floorboard it belonged to a friend who had borrowed the vehicle.
The officer ordered the occupants to exit and searched the vehicle. On the floorboard next to where the driver’s right foot had been, the officer found in plain view a CD case that the officer described as a holder for the removable face of an in-dash stereo, which appeared to have been detached from the truck’s stereo. Inside the case, the officer found a hypodermic syringe and a small amount of a white, crystalline substance that he believed was methamphetamine. The officer weighed the substance and tested it using a field testing kit. The substance tested positive for amphetamine and weighed 0.1 grams, including the piece of paper on which it was weighed. The officer testified at trial that in his opinion it was a usable amount of methamphetamine.
The Riverside Crime Lab also tested the substance and found that it was .02 grams of methamphetamine. A sheriff’s department investigator testified that .02 grams was a usable amount, and was about half the common dose used on the street. The investigator also testified that the syringe appeared to have been modified and used multiple times, although it was designed to be used a single time.
DISCUSSION
Upon defendant’s request this court appointed counsel to represent him in this appeal. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
We concur: HOLLENHORST, J., MILLER, J.