Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Fresno County. Ct. Nos. F07902148 & F07903575 David Andrew Gottlieb, Judge.
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Vartabedian, Acting P.J., Wiseman, J., and Levy, J.
On March 18, 2007, at approximately 11:30 p.m. a Fresno police officer stopped appellant, Deandre Mealo Cooper, for riding a bicycle without lights. After determining Cooper was on parole, the officer searched him and found .2 grams of cocaine base, wrapped in a plastic baggie, hidden in his sock (case No. F07902148).
On March 20, 2007, the district attorney filed a complaint charging Cooper with possession of cocaine base (Health & Saf. Code, § 11350, subd. (a)) and two prior prison term enhancements (Pen. Code, § 667.5, subd. (b)).
On April 13, 2007, Cooper pled no contest to the possession of cocainebase offense in exchange for the dismissal of the enhancements and a lid of 16 months, which would run concurrent with any term he received on a related parole violation. The agreement also provided that the court would continue sentencing for 90 days and if Cooper complied with his parole terms he would be offered no initial state prison time with a drug program.
On April 20, 2007, Cooper was arrested for taking property from a department store (case No. F07903575).
On May 4, 2007, the district attorney filed a complaint charging Cooper with petty theft with a prior (Pen. Code, § 666) and a prior prison term enhancement.
On August 24, 2007, Cooper pled no contest to the petty theft offense in exchange for a mitigated term that would be imposed concurrent to the term imposed in case No. F07902148.
On September 7, 2007, prior to sentencing Cooper the court heard and denied his Marsden motion. The court then sentenced Cooper to the mitigated term of 16 months on his possession of cocaine base conviction and a concurrent 16-month term on his petty theft with a prior conviction.
People v. Marsden (1970) 2 Cal.3d 118.
Cooper’s appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Cooper has not responded to this court’s invitation to submit additional briefing.
Following independent review of the record, we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.