Opinion
F071018
01-27-2017
THE PEOPLE, Plaintiff and Respondent, v. DAVID HARTER Defendant and Appellant.
Michael L. Pinkerton, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. MF011451A)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Kern County. Thomas S. Clark, Judge. Michael L. Pinkerton, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Gomes, Acting P.J., Kane, J., and Smith, J.
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A jury convicted appellant David Harter of possession for sale of methamphetamine (Health & Saf. Code, § 11378). In a separate proceeding the court found true five prior prison term enhancements (Pen. Code, § 667.5, subd. (b)) and two prior conviction enhancements (§ 11370.2).
All statutory references are to the Health and Safety Code unless otherwise noted.
Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL HISTORY
On October 19, 2014, at approximately 9:00 p.m., California Highway Patrol Officer Steve Nielsen was on patrol in Mojave when he saw Harter driving an off-road motorcycle without headlights on the Sierra Highway. Officer Nielsen followed Harter to a gas station and pulled in behind him to initiate a traffic stop, but Harter sped away. Although Nielsen activated his siren and emergency lights, Harter did not yield and the officer soon lost sight of him. However, about a half mile down the road Officer Nielsen found Harter on the motorcycle, stopped at a railroad crossing waiting for a train to pass. Officer Nielson initiated a traffic stop and placed Harter in a patrol car. He ran a warrant check and discovered Harter had an outstanding arrest warrant.
Kern County Sheriff's Deputy Ryan Pitcher arrived on the scene, arrested Harter on the warrant and took custody of him. Deputy Pitcher searched Harter, but did not find anything. In route to the downtown jail, Deputy Pitcher asked Harter if he had anything illegal on him and Harter replied that he did not. The deputy also told Harter there were body scanners at the jail that could detect hidden contraband and that it was an additional offense to take contraband into jail. When they arrived at the jail, Deputy Pitcher again asked Harter if he had anything illegal in his possession and this time Harter told him that he had methamphetamine in the left sleeve of his jacket. Deputy Pitcher then removed a clear plastic bindle that contained 7.57 grams of methamphetamine from Harter's jacket.
At trial, Deputy Pitcher and Kern County Sheriff's Deputy Abel Hernandez testified as experts that Harter possessed the methamphetamine for sale. Additionally, the prosecutor introduced a portion of a telephone conversation between Harter and his girlfriend that was recorded while Harter was in custody in this matter. During the conversation, Harter refers to himself as "the drug dealer." When Harter's girlfriend tells him she does not have any money, Harter tells her "Bobby owes 5 grams" and to tell "Mason" to collect the "5 grams" from Bobby, to keep half and give half to her. --------
On November 10, 2014, the Kern County District Attorney filed an information charging Harter with possession for sale of methamphetamine (count 1), simple possession of methamphetamine (count 2, § 11377, subd. (a)), six prior prison term enhancements and two prior conviction enhancements.
On January 8, 2015, a jury convicted Harter of possession for sale of methamphetamine. In a separate proceeding, the court then found true the prior conviction enhancements and five of the prior prison term enhancements.
On February 5, 2015, the court sentenced Harter to an aggregate, local term of 14 years, the upper term of three years on Harter's possession for sale conviction, two three-year prior conviction enhancements and five one-year prior prison term enhancements. The court also ordered Harter to serve seven years of this term in custody and seven years on supervised release.
Harter's appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Harter has not responded to this court's invitation to submit additional briefing.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.