People v. Conner

Full title: THE PEOPLE, Plaintiff and Respondent, v. GERALD GERRARD CONNER, Defendant…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

Date published: Nov 25, 2014

H040992 (Cal. Ct. App. Nov. 25, 2014)

Opinion

H040992

11-25-2014

THE PEOPLE, Plaintiff and Respondent, v. GERALD GERRARD CONNER, Defendant and Appellant.

Mihara, J.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Monterey County Super. Ct. No. SS132504)

Defendant Gerald Gerrard Conner was charged by information with possession of cocaine base for sale (Health & Saf. Code, § 11351.5) and manufacturing cocaine base (Health & Saf. Code, § 11379.6, subd. (a)).¹ It was further alleged that defendant had suffered three prior controlled substance convictions (Health & Saf. Code, § 11370.2, subd. (a)) and served prison terms for four prior felony convictions (Pen. Code, § 667.5, subd. (b)).

1 The record contains no indication of the facts of the offense. Preliminary examination was waived, and there was no probation report. The factual basis was stipulated to be in a report that is not in the appellate record.

The prosecutor amended the information to eliminate the prison priors, and defendant agreed to plead no contest to the manufacturing count and admit one prior conviction allegation in exchange for a stipulated sentence of eight years in jail. He also agreed to waive his right to appeal or collaterally attack his conviction or sentence "w/exception of IAC" as part of the plea agreement. The court accepted the plea and imposed the stipulated eight-year jail term. The possession for sale count and the remaining prior conviction allegations were dismissed by the prosecutor. Defendant timely filed a notice of appeal.

Appointed appellate counsel has filed an opening brief which states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf but has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.

The judgment is affirmed.

/s/_________

Mihara, J.
WE CONCUR: /s/_________
Bamattre-Manoukian, Acting P. J.
/s/_________
Grover, J.