Opinion
NOT TO BE PUBLISHED
San Francisco County Super. Ct. No. 203553
Marchiano, P.J.
A jury convicted defendant Wendy Cruz of possession of a controlled substance for sale and sale of a controlled substance (Health & Saf. Code, §§ 11351.5, 11352, subd. (a)). The trial court placed her on three years’ probation, conditioned on a six-month term in county jail and other standard probation conditions, plus a condition that she stay away from U.N. Plaza.
Defendant’s counsel has filed an opening brief that raises no issues and asks this court for an independent review of the record to determine whether there are any arguable issues. (See People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of her right to file a supplemental brief, but has not done so. We find no arguable issues and affirm.
I.
On the afternoon of November 25, 2007, San Francisco Police Officer Mathew Cole, an experienced narcotics officer, was working on a drug surveillance and arrest team in San Francisco’s Tenderloin neighborhood. He was the surveillance officer, and was stationed on the roof of a six-story building on the south side of Golden Gate Avenue just west of Hyde Street. He had a clear and unobstructed view of Golden Gate Avenue between Hyde and Larkin Streets.
He saw defendant loitering on the north side of Golden Gate Avenue. She was in the company of a Latino male, and she was looking up and down the block. A white male in his 50’s approached and spoke to defendant for about five seconds. Through his binoculars, Cole saw the white male take out paper money. Based on his training and experience, Cole believed he was about to witness a narcotics transaction.
Defendant spit an off-white rock into her hand. Cole believed defendant was about to sell the white male a rock of cocaine. Defendant took money from the white male and gave him the rock. Cole radioed his two-man arrest team, who were in an unmarked car. He gave them defendant’s description and location.
The arrest team stopped defendant on the street and approached her. As they approached, she “began to manipulate objects in her mouth.” The team ordered her to “spit out the rocks,” but she refused. One officer applied pressure to the mastoid nerve, and defendant spit out 10 individually wrapped rocks.
A criminalist testified the 10 rocks were crack cocaine and weighed 4.11 grams. A police officer, who qualified as an expert in possession of cocaine for sale, testified that the 10 rocks were possessed for sale.
After the jury convicted defendant of sale and possession for sale of crack cocaine, the trial court sentenced her to three years’ probation conditioned on six months in the county jail. Probation conditions included that she “stay away 150 yards from the U.N. Plaza and Market Street” in San Francisco.
II.
We have reviewed the record and find no arguable issues. Defendant was represented by counsel at all pertinent portions of the proceedings. She received a fair trial and substantial evidence supports the convictions.
III.
The judgment of conviction and the sentence are affirmed.
We concur: Margulies, J., Graham, J.
Retired judge of the Superior Court of Marin County assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.