Opinion
NOT TO BE PUBLISHED
APPEAL from the judgment of the Superior Court of Los Angeles County, Arthur Jean, Jr., Judge., Los Angeles County Super. Ct. No. NA072018.
Irma Castillo, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
FLIER, J.
Following a jury trial, appellant Actor Lance Jones was convicted of drug possession and sales. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. Appellant was notified that he could file his own brief, and has not done so.
Count 1 of the information alleged sale of a controlled substance (Health & Saf. Code, § 11352, subd. (a)). Count 2 alleged possession for sale of cocaine base (§ 11351.5). There also was one strike allegation, based on a 1989 conviction for burglary. Finally, the 1989 conviction and two other burglary convictions, in 1996 and 1999, were alleged as prison priors, under Penal Code section 667.5, subdivision (b).
Subsequent code references are to the Health and Safety Code unless otherwise stated.
At appellant’s trial, James Beasley testified that he was a civilian who was paid by an undercover narcotics officer to make drug buys. The officer searched him thoroughly, before and after each attempted buy. If he succeeded in buying drugs, he would give a prearranged signal, leading to the seller’s arrest.
On the day of the crime, Beasley approached appellant, who was walking with three other men. Beasley asked the men if they had $20 worth of cocaine. Appellant said to meet him at the nearby park in 45 minutes. At the park, Beasley gave appellant a prerecorded $20 bill. Appellant opened a piece of plastic bag and gave Beasley two rocks of cocaine. Beasley walked away and gave the cocaine to the waiting narcotics officer. Another police officer had watched the transaction through binoculars. Appellant was detained. Beasley returned, and identified him. The prerecorded $20 bill, the piece of bag, and two more rocks of cocaine were found, about 10 feet away from appellant.
Appellant testified in his own defense. He said that Beasley approached him as he was walking with friends, and asked if he could buy rock cocaine. Appellant told Beasley that there might be somebody at the park who had some. Later, Beasley approached appellant at the park, still seeking drugs. Appellant invited Beasley to share his food and join in a game of basketball. A friend of appellant’s who was a drug seller happened to arrive at the park. Appellant pointed the man out to Beasley. He himself neither possessed nor sold drugs. He admitted that he had been recently released from prison, following previous convictions for burglary.
Appellant’s sister also testified. She described her efforts to help appellant change his life, following his release from prison.
The jury found appellant guilty as charged on count 1. On count 2, it convicted him of a lesser included offense, possession of cocaine base. (§ 11350, subd. (a).)
At the sentencing hearing, appellant’s sister spoke on his behalf. Appellant insisted that he did not commit the crime, and would not have committed such a crime, while his sister and her family were helping him. The trial court sentenced him to a total of 10 years in prison. The sentence was based on the midterm of four years on count 1, doubled for one strike, plus two years for two of the prison priors. A concurrent sentence was imposed on count 2. This appeal followed.
Applying the appropriate standard of review (People v. Kraft (2000) 23 Cal.4th 978, 1053), we find substantial evidence to support appellant’s conviction. Having reviewed the entire record, we are satisfied that appellant’s attorney has fully complied with his responsibilities, and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259; Wende, supra, 25 Cal.3d at p. 441; People v. Kelly (2006) 40 Cal.4th 106, 123-124.)
DISPOSITION
The judgment is affirmed.
We concur: COOPER, P.J., RUBIN, J.