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People v. Lisangi

Court of Appeal of California
Sep 4, 2008
D052755 (Cal. Ct. App. Sep. 4, 2008)

Opinion

D052755

9-4-2008

THE PEOPLE, Plaintiff and Respondent, v. EPOLO LISANGI, Defendant and Appellant.

Not to be Published


A jury found Epolo Lisangi guilty of selling a controlled substance (Health & Saf. Code, § 11352, subd. (a)) (count 1) and possessing cocaine base (Health & Saf. Code, § 11350, subd. (a)) (count 2). Lisangi waived jury and in a bifurcated proceeding admitted allegations of a prior Health and Safety Code section 11352 conviction (Health & Saf. Code, § 11370.2, subd. (a)) as to count 1 and a no-probation prior conviction (Pen. Code, § 1203.07, subd. (a)(11)) as to both counts. The court sentenced him to six years in prison: the three year lower term for selling cocaine base; three years for the Health and Safety Code section 11370.2, subdivision (a) enhancement; and a concurrent 16-month lower stayed (Pen. Code, § 654) term for possessing cocaine base. Lisangi appeals. We affirm.

BACKGROUND

Around 5 p.m. on October 17, 2007, San Diego Police Department narcotics detective Michael Day was undercover in an area of San Diego known for drug dealing. He was dressed as a drug user.

Lisangi greeted Day and asked what he was looking for. Day responded that he wanted "a 40," meaning $40 worth of rock cocaine. Lisangi said he could get it and asked to borrow Days cell phone. As they walked down the street, accompanied by two of Lisangis acquaintances, Lisangi made a couple of calls in an effort to find the drugs. After making the calls, Lisangi said his "boys" were too far away to deliver the drugs. Lisangi, Day, and Lisangis acquaintances kept walking.

Eventually, Lisangi saw Patrick Mujenda and said he had the drugs. Lisangi told Day to give Lisangi his money, a request consistent with Lisangis role as a facilitator of a drug sale. Day handed Lisangi two prerecorded $20 bills. Day and Lisangi walked toward Mujenda and Lisangi told Mujenda he wanted a 40. Mujenda walked to a bush growing beside a fence and picked up a potato chip bag. He took a baggie out of the potato chip bag. From the baggie, he removed an off-white substance that appeared to be rock cocaine. He replaced the baggie in the potato chip bag and put the potato chip bag by the fence.

A crowd gathered. Mujenda told everyone to go away, and then he, Lisangi, Day, and Lisangis acquaintances walked to the nearest corner. Mujenda told Lisangi to come across the street with him. Lisangi did so then returned to Day. Lisangi handed Day what appeared to be the off-white substance that Mujenda had removed from the baggie in the potato chip bag—two pieces of rock cocaine. Lisangi said, "Hey, are you going to give me some money for getting it for you?" Day gave him a prerecorded $10 bill.

Day gave an arrest signal to other undercover officers. They contacted uniformed officers who detained Lisangi and Mujenda. Lisangi had the prerecorded $10 bill on his person. Mujenda had a large amount of cash, including the prerecorded $20 bills. By the time of Lisangis trial, Mujenda had pleaded guilty.

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, he lists, as possible but not arguable issues: (1) whether there was sufficient evidence to convict Lisangi, in that he was "buying" drugs for the undercover officer rather than "selling" them for the dealer and (2) whether the court erred by staying the sentence for possession (Pen. Code, § 654) rather than dismissing it as a necessarily included offense of selling or furnishing drugs for sale.

We granted Lisangi 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, including the possible issue listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Lisangi has been competently represented by counsel on this appeal.

DISPOSITION

Judgment affirmed.

We Concur:

MCDONALD, J.

AARON, J.


Summaries of

People v. Lisangi

Court of Appeal of California
Sep 4, 2008
D052755 (Cal. Ct. App. Sep. 4, 2008)
Case details for

People v. Lisangi

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. EPOLO LISANGI, Defendant and…

Court:Court of Appeal of California

Date published: Sep 4, 2008

Citations

D052755 (Cal. Ct. App. Sep. 4, 2008)