Opinion
D041964.
11-5-2003
THE PEOPLE, Plaintiff and Respondent, v. DEVESTER LEE HARRIS, Defendant and Appellant.
A jury convicted Devester Lee Harris of transporting cocaine base (Health & Saf. Code, § 11352, subd. (a)),[] and possessing cocaine base for sale (§ 11351.5). Harris entered guilty pleas to misdemeanor possession of less than an ounce of marijuana (§ 11357, subd. (b)), and misdemeanor driving without a valid drivers license (Veh. Code, § 14601.1, subd. (a)). Harris waived jury and the court found he had suffered two prior drug convictions (§ 11370.2, subd. (a)), and had served three prior prison terms (Pen. Code, § 667.5, subd. (b)). It sentenced him to prison for 11 years: the five-year upper term for possessing cocaine base for sale, enhanced three years for each of the prior drug convictions. It imposed concurrent terms on the misdemeanors, stayed sentence for transporting cocaine base (Pen. Code, § 654), and struck the prior prison term enhancements (Pen. Code, § 1385). The record does not include a certificate of probable cause. (Cal. Rules of Court, rule 31(d).)
FACTS
On October 13, 2000, at approximately 2:50 a.m., San Diego Police Officer Steven Beery stopped Harris for speeding in a residential area. Officer Martha Gasca saw a baggie containing rock cocaine in Harriss hand. Harris had no drivers license. Officer Beery had Harris get out of the car. The officers found a pager in Harriss pocket. They searched the car and found 23.73 grams of cocaine base, a small quantity of marijuana, and two cellular telephones. A police department detective testified he was of the opinion that Harris possessed the cocaine base for sale because of the quantity of cocaine base discovered, and because Harris possessed a pager and cellular telephones.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. 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 refers to as possible, but not arguable, issues: (1) whether sufficient evidence supports the conviction of possessing cocaine base for sale; (2) whether Harriss misdemeanor guilty pleas were constitutionally valid; (3) whether the trial court abused is discretion in not striking the prior drug conviction enhancements; (4) whether the trial court gave adequate reasons for imposing the upper term; and (5) whether Harriss trial counsel provided effective assistance.
We granted Harris permission to file a brief on his own behalf. He has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Harris on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: NARES, Acting P. J. and HALLER, J. --------------- Notes: All statutory references are to the Health and Safety Code unless otherwise specified.