Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Kern County No. BF119086A, Jerold L. Turner, Judge.
Willaim Flenniken, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Vartabedian, Acting P.J., Dawson, J., and Kane, J.
It was alleged in an information filed April 21, 2008, that appellant Marshall V. Irey committed two felonies, viz. transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a); count 1) and possession of methamphetamine for purposes of sale (§ 11378; count 2), and three misdemeanors, viz. driving while under the influence of alcohol and/or a drug (Veh. Code, § 23152, subd. (a); count 3), being under the influence of a controlled substance (§ 11550, subd. (a); count 4) and driving at a time when his driving privilege was suspended or revoked (Veh. Code, § 14601, subd. (a); count 5). It was also alleged that appellant had served three separate prison terms for prior felony convictions (Pen. Code, § 667.5, subd. (b)) and, in connection with counts 1 and 2, that he had suffered three prior convictions of possession of a controlled substance for purposes of sale, within the meaning of section 11370.2, subdivision (a) (section 11370.2(a)).
Except as otherwise indicated, all statutory references are to the Health and Safety Code.
On June 6, 2008, appellant, pursuant to a plea agreement, pled nolo contendere to counts 2 and 3, admitted one section 11370.2(a) enhancement allegation and one Penal Code section 667.5, subdivision (b) enhancement allegation, and the court dismissed the remaining charges and enhancement allegations pending approval of the plea agreement.
One of the terms of the plea agreement was that appellant would be sentenced to no more than seven years in state prison. On July 22, 2008, the court approved the plea agreement and imposed a seven-year prison term, consisting of the three-year upper term on count 2, three years for the accompanying section 11370.2(a) enhancement and one year for the prior prison term enhancement. On count 3 the court imposed a concurrent one-year county jail term.
On August 21, 2008, appellant filed a notice of appeal and requested a certificate of probable cause (Pen. Code, § 1237.5). On August 22, 2008, the court denied that request.
Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court’s invitation to submit additional briefing.
FACTS
The report of the probation officer indicates the following. On the evening of May 8, 2007, Bakersfield police officers made contact with appellant, who was “passed out in the driver’s seat of [a car] located in the middle of an intersection.” With some difficulty, the officers awakened appellant, who “became very agitated and was unable to stand alone and follow simple directions.” The officers, who felt appellant was under the influence of a central nervous system stimulant, searched appellant’s car and person, and found two plastic bags “containing suspected methamphetamine,” a notebook “containing names and dollar amounts,” $441 in cash, and “packaging materials.” Appellant told officers “he began using methamphetamine approximately two days [previously].” A laboratory analysis of the suspected methamphetamine “determined it to be.48 gram and 24.2 grams of a substance containing methamphetamine....”
DISCUSSION
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
The judgment is affirmed.