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People v. Koepsel

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT
Jun 1, 2012
F062413 (Cal. Ct. App. Jun. 1, 2012)

Opinion

F062413

06-01-2012

THE PEOPLE, Plaintiff and Respondent, v. COREY KOEPSEL, Defendant and Appellant.

Richard L. Fitzer, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. MF009453A)


OPINION


THE COURT

Before Wiseman, Acting P.J., Gomes, J., and Kane, J.

APPEAL from a judgment of the Superior Court of Kern County. Lee P. Felice, Judge.

Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

Appellant, Corey Koepsel, pled no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and was placed on misdemeanor probation. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On January 1, 2011, at approximately 2:55 a.m., Kern County Sheriff's Deputy Sean Mountjoy saw Koepsel riding a bicycle without any lights or reflectors. After Deputy Mountjoy stopped Koepsel and arrested him, Koepsel put a glove he was wearing on the trunk of a car that was located where the deputy stopped Koepsel. Deputy Mountjoy searched the glove and found .52 gram of methamphetamine inside.

On February 7, 2011, the district attorney filed an information charging Koepsel with transportation of methamphetamine (count 1/Health & Saf. Code, § 11379, subd. (a)) and possession of methamphetamine (count 2/Health & Saf. Code, § 11377, subd. (a)).

On March 18, 2011, the court heard Koepsel's suppression motion.

On March 23, 2011, the court denied Koepsel's suppression motion.

On March 25, 2011, Koepsel pled no contest to count 2 in exchange for the dismissal of count 1 and an agreement by the court to reduce count 2 to a misdemeanor. After Koepsel waived time for sentencing, the court rendered Koepsel's conviction a misdemeanor by sentence and placed him on three years' summary probation.

Koepsel's appellate counsel has filed a brief which 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.) Koepsel 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.


Summaries of

People v. Koepsel

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT
Jun 1, 2012
F062413 (Cal. Ct. App. Jun. 1, 2012)
Case details for

People v. Koepsel

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. COREY KOEPSEL, Defendant and…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

Date published: Jun 1, 2012

Citations

F062413 (Cal. Ct. App. Jun. 1, 2012)