Opinion
B224623
08-11-2011
THE PEOPLE, Plaintiff and Respondent, v. KENNY FAIRLEY, Defendant and Appellant.
Joy A. Maulitz, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. NA083070)
APPEAL from a judgment of the Superior Court of Los Angeles County, Charles D. Sheldon, Judge. Affirmed.
Joy A. Maulitz, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
INTRODUCTION
Defendant Kenny Fairley appeals from a judgment entered after he was convicted by a jury of possession of cocaine base for sale. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In executing a search warrant on a residence, police encountered defendant in the living room. When defendant was ordered to raise his hands, he dropped three bindles containing rock cocaine weighing 15.32 grams. Following his arrest, defendant waived his Miranda rights and admitted that some of the recovered rock cocaine belonged to him. He claimed it was for his personal use and for a friend.
Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694].
Defendant was arrested and charged with one count of possession for sale of cocaine base (Health & Saf. Code, § 11351.5). The information alleged defendant had suffered four prior drug-related felony convictions within the meaning of Health and Safety Code section 11370.2, subdivision (a), and had served four separate prison terms for felonies pursuant to Penal Code section 667.5, subdivisions (b). The jury found defendant guilty as charged of possession of cocaine base for sale. In a bifurcated proceeding, defendant waived his rights to trial and admitted the prior conviction allegations.
The trial court heard and denied defendant's motion for a new trial. After striking one of his prior convictions, the court sentenced defendant to an aggregate state prison term of 13 years, consisting of the middle term of four years for possession of cocaine base for sale, enhanced by three years for each of the three remaining drug-related felony convictions under Health and Safety Code section 11370.2, subdivision (a). Defendant received presentence custody credits of 534 days. The court ordered defendant to pay a $30 security assessment fee, a $30 criminal conviction fee, a $50 lab fee and a $200 restitution fine. The court imposed and suspended a parole revocation fine pursuant to Penal Code section 1202.45.
Defendant filed a timely notice of appeal.
DISCUSSION
We appointed counsel to represent defendant on appeal. After examination of the record, counsel filed an opening brief in which no issues were raised. On April 11, 2011, we advised defendant he had 30 days within which to personally submit any contentions or issues he wished us to consider. We have received no response to date.
We have examined the entire record and are satisfied defendant's attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106, 118-119; People v. Wende (1979) 25 Cal.3d 436, 441.)
DISPOSITION
The judgment is affirmed.
JACKSON, J. We concur:
WOODS, Acting P. J.
ZELON, J.