Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of San Diego County, Super. Ct. No. SCD204213, Howard H. Shore, Judge.
AARON, J.
Cleveland Gardner entered a negotiated guilty plea to selling cocaine base (Health & Saf. Code, § 11352, subd. (a)) and admitted two prior convictions of Health and Safety Code section 11351.5, subdivision (a) (Health & Saf. Code, § 11370.2, subd. (a)), a strike (Pen. Code, §§ 667 subds. (b)-(i), 1170.12, 668), and three prior prison terms (Pen. Code, §§ 667.5, subd. (b), 668). The court dismissed the Health and Safety Code section 11370.2, subdivision (a) allegations and the prison priors and sentenced him to prison for eight years (twice the middle term). Gardner appeals. We affirm.
BACKGROUND
In January 2007 Gardner sold cocaine base to an intermediary who immediately sold it to an undercover police officer. The strike arose from a 1994 robbery conviction.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel lists, as possible, but not arguable issues: (1) whether Gardner was properly advised of his constitutional rights, the consequences of his plea and whether he voluntary waived his rights; (2) whether the court erred by failing to find a factual basis and whether that issue is cognizable on appeal absent a certificate of probable cause; (3) whether the trial court erred in failing to set forth reasons for imposing the middle term and whether this issue was forfeited by trial counsel's failure to object; and (4) whether the court erred by denying Gardner's request to be committed to the California Rehabilitation Center.
We granted Gardner permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Gardner has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: HUFFMAN, Acting P. J. IRION, J.