Opinion
B191145
4-24-2007
THE PEOPLE, Plaintiff and Respondent, v. JESUS MAGANA, Defendant and Appellant.
NOT TO BE PUBLISHED
BOREN, P. J., DOI TODD, J., CHAVEZ, J.
Appellant Jesus Magana appeals from the judgment entered following a jury trial that resulted in his conviction for selling a controlled substance in violation of Health and Safety Code section 11352, subdivision (a). The jury found true the allegation that the crime was committed for the benefit of a criminal street gang within the meaning of Penal Code section 186.22, subdivision (b)(1). Appellant admitted having suffered a prior strike conviction, a prior serious felony conviction, and five prison priors. After granting appellants Romero motion and striking his prior conviction under Penal Code sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i), the trial court sentenced appellant to 10 years in state prison. The sentence consisted of the low term of three years for the substantive offense, two consecutive years for the gang enhancement, and five consecutive years for a prior serious felony conviction within the meaning of Penal Code section 667, subdivision (a). The court struck five prison priors under Penal Code section 667.5, subdivision (b).
People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).
We appointed counsel to represent appellant on this appeal. After examination of the record, counsel filed an "Opening Brief" that contained an acknowledgment that he had been unable to find any arguable issues. On December 6, 2006, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. No response has been received to date.
The record shows that Officer Philip Scallon of the Wilshire Narcotics Detail of the Los Angeles Police Department conducted surveillance of a park where neighbors had reported seeing narcotics transactions. Using binoculars, Officer Scallon observed three persons, two of whom he knew to be gang members, sitting on bleachers inside the park. A Korean male, later identified as a Mr. Kim, entered the park and began walking towards them. At one point, one of the men on the bleachers, later identified as appellant, approached Kim and spoke with him. Kim handed appellant a folded bill and appellant returned to the bleachers. Appellant reached under the bleachers, returned to Kim, and handed him something that Kim placed in a book. Kim was arrested, and several off-white rocks resembling cocaine were removed from the book. Appellant was also arrested. The off-white rocks weighed .27 grams net and contained cocaine base. A gang expert testified that the park was claimed by the Mara Salvatrucha gang, and the gang sold narcotics from the park. The expert identified appellant as an active gang member.
We have examined the entire record and are satisfied that appellants attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.