Opinion
D041566.
10-15-2003
THE PEOPLE, Plaintiff and Respondent, v. SERGIO JACOBO, Defendant and Appellant.
A jury found Sergio Jacobo guilty of transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and possessing methamphetamine for sale (Health & Saf. Code, § 11378). The weight of the substance in the possession for sale count was alleged to be more than 57 grams of methamphetamine (Pen. Code, § 1203.073, subd. (b)(2)). Jacobo waived jury and in a bifurcated proceeding admitted having served a prior prison term (Pen. Code, § 667.5, subd. (b)). The court sentenced Jacobo to four years in prison: the three-year middle term for transporting methamphetamine, a stayed two-year middle term for possessing methamphetamine for sale, and one year for the prison prior. Jacobo appeals. We affirm.
BACKGROUND
On the evening of April 16, 2002, a police officer initiated a traffic stop after the vehicle Jacobo was driving approached a red light at a high rate of speed, stopped, then turned right from the far left lane. After the officer turned on his overhead lights and siren, Jacobo continued to drive slowly, looking back through the rear view mirror. When Jacobo finally stopped, he initially disobeyed the officers instructions to show his hands, and instead bent down and reached toward the console. When the officer asked for his drivers license, Jacobo said he did not have one. When the officer asked him to get out of the vehicle, Jacobo did not respond. The officer opened the vehicles door, took Jacobo by the wrist, and removed him from the vehicle, as he passively resisted.
After the officer got Jacobo out of the vehicle and handcuffed him, Jacobo said he was on parole and gave the officer permission to search the vehicle. The officer found a baggie containing 96.48 grams of "ice" methamphetamine hanging partially out of the console. A blood sample from Jacobo, drawn at police headquarters, tested positive for methamphetamine.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. She 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, she lists, as possible but not arguable issues whether the court stated sufficient reasons for denying probation, whether it abused its discretion by denying probation, whether it abused its discretion by sentencing Jacobo to the three-year middle prison term, whether it abused its discretion by imposing a $50 fine for criminal lab analysis, and whether trial counsel was ineffective.
We granted Jacobo 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 and Anders v. California, supra, 386 U.S. 738, including the issues listed by counsel pursuant to Anders v. California, has disclosed no reasonably arguable appellate issues. Jacobo has been adequately represented by counsel on this appeal.
DISPOSITION
Judgment affirmed.
WE CONCUR: McCONNELL, P. J. and HALLER, J.