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People v. Lewi

California Court of Appeals, Fourth District, Second Division
Mar 11, 2008
No. E043511 (Cal. Ct. App. Mar. 11, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. HERMAN L. LEWIS, JR., Defendant and Appellant. E043511 California Court of Appeal, Fourth District, Second Division March 11, 2008

NOT TO BE PUBLISHED

APPEAL from the Superior Court of Riverside County Super.Ct.No. RIF135590. Gordon R. Burkhart, Judge.

Patrick DuNah, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

OPINION

RAMIREZ, P.J.

Defendant was charged by felony complaint filed by the District Attorney of Riverside County with one count of possession of marijuana for sale (Health & Saf. Code, § 11359). In addition, seven, one-year prison priors were alleged within the meaning of Penal Code section 667.5, subdivision (b).

Pursuant to Penal Code section 859a, defendant, represented by counsel, pled guilty to the substantive count and two of the one-year prison priors in exchange for an agreed to disposition of a four-year state prison term.

The plea also included an admission to a probation violation in another case which was not appealed.

In accordance with the negotiated disposition, the defendant was committed to state prison for four years and awarded the appropriate custody credits.

Defendant filed a timely notice of appeal challenging the sentence or other matters after the plea as well as the validity of the plea or admission. Defendant’s request for the issuance of a certificate of probable cause was denied.

Statement of Facts

The statement of facts are taken from an 11-page police report filed by the Riverside County Sheriff’s Department dated March 16, 2007 in case No. MV07075338 and contained in the trial court’s file in case No. RIF135590.

On March 16, 2007, during a parole search of defendant and his residence, Officer Colmer of the Riverside County Sheriff’s Department confiscated numerous items and contraband used for the sales of drugs including 365 grams of marijuana; a digital scale; one box of plastic sandwich baggies; cash in various denominations; one cell phone; and two Glock replica handguns. The marijuana was taken from defendant’s right front pants pocket at the time of his arrest. Defendant later admitted to the police officer that he “possessed the marijuana for sale.”

Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.

We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

Disposition

The judgment is affirmed.

We concur: HOLLENHORST, J., GAUT, J.


Summaries of

People v. Lewi

California Court of Appeals, Fourth District, Second Division
Mar 11, 2008
No. E043511 (Cal. Ct. App. Mar. 11, 2008)
Case details for

People v. Lewi

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. HERMAN L. LEWIS, JR., Defendant…

Court:California Court of Appeals, Fourth District, Second Division

Date published: Mar 11, 2008

Citations

No. E043511 (Cal. Ct. App. Mar. 11, 2008)