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People v. Ford

California Court of Appeals, Fourth District, Second Division
May 4, 2009
No. E047101 (Cal. Ct. App. May. 4, 2009)

Opinion

NOT TO BE PUBLISHED

APPEAL from the Superior Court of San Bernardino County, Super. Ct. No. FBA700397, John B. Gibson, Judge.

Ron Boyer, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


OPINION

RAMIREZ, P.J.

On March 25, 2008, the District Attorney of San Bernardino County filed an information which charged defendant, Allen Ford, Jr., in count one with a violation of Health & Safety Code, section 11352, subdivision (a), transportation of a controlled substance. The information also charged defendant with special allegations filed pursuant to Health & Safety Code, section 11370.4, subdivision (a) and Penal Code, section 1170.12, subdivisions (a)-(d).

On September 17, 2008, defendant, represented by counsel, pled guilty to count one and admitted the special allegations filed pursuant to Health & Safety Code section 11370.4, subdivision (a) and Penal Code section 1170.12, subdivisions (a)-(d). Thereafter, defendant was committed to state prison for 14 years and awarded the appropriate custody credits.

On November 10, 2008, defendant filed a notice of appeal and a request for certificate of probable cause which was granted by the trial court.

Statement of Facts

The précis of the statement of facts are taken from the preliminary hearing.

On September 17, 2007, defendant was observed driving his car at 84 miles per hour by San Bernardino officers assigned to the Sheriff’s Department, Narcotics Division, High Intensity Criminal Interdiction Team. Officer Hoffman followed defendant’s vehicle and, as defendant slowed, his car was pulled over for impeding traffic. Defendant was detained for 10-15 minutes and sometime thereafter while defendant was being patted-down, he admitted that he had “regular cocaine” in his pocket.

Defendant was then placed in the back of the patrol car and the officer used a drug-sniffing dog to investigate further. The dog alerted to the odor of narcotics on the passenger window. The officer put the dog in the car, at which time the dog alerted on a black bag that was on the back seat. In the black bag, the officer found three, clear, heat-sealed packages with a white, compressed, powdery substance that, upon conducting a presumptive test, tested positive for cocaine. The weight of the three packages was 462 grams, 575 grams, and 570 grams, respectively.

Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.

We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

Disposition

The judgment is affirmed.

We concur: McKINSTER, J., KING, J.


Summaries of

People v. Ford

California Court of Appeals, Fourth District, Second Division
May 4, 2009
No. E047101 (Cal. Ct. App. May. 4, 2009)
Case details for

People v. Ford

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ALLEN FORD, JR., Defendant and…

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

Date published: May 4, 2009

Citations

No. E047101 (Cal. Ct. App. May. 4, 2009)