Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County, No. SCN249574, William S. Dato, Judge.
BENKE, Acting P. J.
A jury found Tyrus D. Kemp guilty of possessing cocaine base for sale (Health & Saf. Code, § 11351.5). Kemp waived his right to a jury trial on allegations of two prior prison terms (Pen. Code, § 667.5, subd. (b)) and two prior Health and Safety Code section 11352 convictions (Health & Saf. Code, § 11370.2, subd. (a)) and admitted the allegations. The court dismissed one of the Health and Safety Code enhancements. It sentenced Kemp to nine years in prison: the four-year middle term for possessing cocaine base for sale, three years for the remaining Health and Safety Code enhancement and one year for each of the prison priors. Kemp appeals. We affirm.
The jury found Kemp not guilty of selling cocaine base.
BACKGROUND
On June 20, 2008, Oceanside Police detectives observed Kemp engage in what they believed to be hand-to-hand narcotics transactions. The transactions took place in front of an apartment where the police believed Kemp was living. Although Kemp's driver's license reflected a different address, Kemp had been seen coming and going from the apartment for a month.
Shortly after midnight on June 21, 2008, Kemp and two other men left the apartment. An officer in a marked patrol car detained the three men. A few minutes later, detectives noticed frantic movement in the apartment. The detectives entered the apartment. April Hamilton, the only person home, said that she lived there with her boyfriend, Kemp.
On the kitchen counter the detectives found a letter addressed to Kemp. The address on the envelope was not the address of the apartment. On the counter were three bindles, one containing cocaine base. In the pantry was a makeup bag containing a marijuana pipe. Also in the bag was a bindle containing small pieces of cocaine base. The pieces were of the size used in hand-to-hand street transactions. In the freezer was a small bindle containing cocaine base. A closet contained both men's and women's clothing. There was handgun ammunition in a box in the closet, but no firearms. Money was hidden under clothes in a dresser—$260 in $20 bills, a common denomination in cocaine base sales. A detective testified that based on his training and experience, he believed the cocaine base in the apartment was possessed for sale.
When Kemp was searched at the police station, he had $411, mostly in $20 bills, but no narcotics.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. 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 lists, as possible but not arguable issues, (1) whether there was sufficient evidence of dominion and control and (2) whether Kemp adequately waived his rights with respect to the prior conviction allegations.
We granted Kemp 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 possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Kemp has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: HALLER, J., IRION, J.