From Casetext: Smarter Legal Research

People v. Clark

California Court of Appeals, Second District, Fourth Division
Jan 9, 2008
No. B197640 (Cal. Ct. App. Jan. 9, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. LEWIS CLARK, Defendant and Appellant. B197640 California Court of Appeal, Second District, Fourth Division January 9, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of The Superior Court of Los Angeles County No. NA070305, Joseph Diloreto, Judge.

Jeffrey Lewis, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

MANELLA, J.

Lewis Clark appeals from the judgment entered following a jury trial in which he was convicted of selling a controlled substance, to wit cocaine (Health & Saf. Code, § 11352, subd. (a)), and a court trial in which he was found to have suffered a prior conviction of a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, §§ 1170.12, subds. (a)-(d) and 667, subds. (b) - (i)), served three prior prison terms within the meaning of Penal Code section 667.5, subdivision (b) and been convicted of selling a controlled substance within the meaning of Health and Safety Code section 11370.2, subdivision (a). He was sentenced to prison for six years, consisting of the low term of three years, doubled pursuant to the Three Strikes law.

FACTUAL AND PROCEDURAL HISTORY

On May 23, 2006, Long Beach Police Officer Greg Brown was involved in an investigation of narcotic sales in the area of Martin Luther King, Jr. Avenue and East Pacific Coast Highway in Long Beach. At Officer Brown’s direction, a civilian informant with 20 dollars of prerecorded funds asked co-defendant David Leaks if he had any rock cocaine. Mr. Leaks stated he knew someone who could get cocaine, and he and the informant went across the street, where Mr. Leaks made a telephone call from a payphone. Mr. Leaks told the informant that someone was coming to meet Mr. Leaks. When appellant approached in a white car, the informant gave Mr. Leaks the 20 dollars and Mr. Leaks walked towards the car and entered it. Mr. Leaks returned from the car and gave the informant a piece of rock cocaine after first breaking off some for himself. The vehicle appellant was driving was thereafter stopped and the prerecorded bills were found in it.

Following the denial of appellant’s Romero motion, he was sentenced to the low term of three years, doubled to six years by reason of the Three Strike law. Imposition of enhancements by reason of prior prison terms and his prior conviction for sales of a controlled substance were stayed.

People v. Superior Court (Romero) (1996) 13 Cal.4th 497.

After review of the record, appellant’s court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.

On September 5, 2007, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.

We have examined the entire record and are satisfied that no arguable issues exist, and that appellant has, by virtue of counsel’s compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112.)

DISPOSITION

The judgment is affirmed.

We concur: EPSTEIN, P.J. SUZUKAWA, J.


Summaries of

People v. Clark

California Court of Appeals, Second District, Fourth Division
Jan 9, 2008
No. B197640 (Cal. Ct. App. Jan. 9, 2008)
Case details for

People v. Clark

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. LEWIS CLARK, Defendant and…

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

Date published: Jan 9, 2008

Citations

No. B197640 (Cal. Ct. App. Jan. 9, 2008)