Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. SCD225270, Joseph P. Brannigan, Judge.
IRION, J.
Brian Lynn Childs entered a negotiated guilty plea to one count of selling cocaine (Health & Saf. Code, § 11352, subd. (a)) and admitted he had a prior serious/violent felony or strike conviction (Pen. Code, § 667, subds. (b)-(i)). Under the plea agreement, Childs was to receive a six-year stipulated sentence and the dismissal of the remaining charges and allegations. The trial court sentenced Childs in accordance with the plea agreement.
Childs's request for a certificate of probable cause was denied.
FACTS
On the evening of April 7, 2010, San Diego Police Officer Juan Cisneros was working undercover as part of Operation V-8 in the East Village area when Childs approached him. Childs asked Cisneros what he needed. Cisneros asked Childs if had a "20, " which meant he wanted to purchase $20 worth of rock cocaine.
Childs placed his left hand over his mouth, from which he retrieved an off-white colored rock in clear plastic wrapping. In exchange for the rock, Cisneros gave Childs a premarked $20 bill.
When contacted by a uniformed police officer, Childs did not have the premarked $20 bill. However, a criminalist tested the rock that Childs had given Cisneros and determined it to be cocaine base. It had a weight of.12 grams, which is a usable amount of cocaine base.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court 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, counsel refers to as a possible, but not arguable issue: whether the maximum 20-year exposure calculated by the prosecutor was correct, and if not, could it have been a material factor in inducing Childs to plead guilty.
We granted Childs 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 and Anders v. California, supra, 386 U.S. 738, including the possible issue referred to by appellate counsel, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Childs on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: HALLER, Acting P. J., O'ROURKE, J.