Opinion
NOT TO BE PUBLISHED
Superior Ct. Nos. CM025839 CM026053
MORRISON, J.
Police conducted a traffic stop after noticing a car, in which defendant Allen Martin was a passenger, had numerous cracks in the front windshield which impaired the driver’s vision. When the officer approached the car, the driver identified herself and said she intended to have the windshield repaired the next day. The officer noticed a strong odor of burnt marijuana coming from inside the car. The driver indicated she had a Proposition 215 authorization to use medical marijuana, but did not have documentation in her possession to confirm that claim. The officer ran a check on the license of the driver as well as defendant’s license, and then instructed defendant to step out of the vehicle. When asked if he had any weapons or drugs, defendant replied, “No,” and agreed to let the officer search him. When defendant placed his hands on the car, the officer noticed a glass pipe used to smoke methamphetamine sticking out of defendant’s pocket. Defendant also appeared to the officer to be under the influence of drugs. The officer placed defendant under arrest and searched him, finding a black pouch containing methamphetamine inside his back brace.
Several weeks later, after being released on bail, defendant was arrested when he was observed driving erratically and then attempted to evade arrest.
Defendant pleaded no contest in case No. CM025839 to possession of methamphetamine for sale (Health & Saf. Code, § 11378--count II) and admitted a prior drug conviction (§ 11370.2, subd. (c)) in exchange for dismissal of the remaining charges and allegations with a Harvey waiver. Defendant also pleaded no contest in case No. CM026053 to evading a police officer with willful disregard for safety (Veh. Code, § 2800.2, subd. (a)--count I) and admitted he committed that offense while released from custody on bail in case No. CM025839 (Pen. Code, § 12022.1) in exchange for dismissal of a prior prison allegation with a Harvey waiver. Defendant entered both pleas with the understanding that he could be sentenced to no more than eight years eight months in state prison.
Further undesignated statutory references are to the Health and Safety Code.
People v. Harvey (1979) 25 Cal.3d 754.
The court denied probation and sentenced defendant as follows: in case No. CM025839, the middle term of two years as to count II, plus three years for the prior drug conviction; and in case No. CM026053, eight months (one-third the middle term) consecutive as to count I, plus two years consecutive for the on-bail enhancement, for an aggregate sentence of seven years eight months in state prison.
The court awarded defendant 414 days of custody credit (278 days of actual credit plus 136 days of good time credit), and ordered him to pay various fees and fines.
The trial court subsequently issued an amended abstract of judgment reflecting 278 days of actual credit, plus 138 days of good time credit, for a corrected total of 416 days of custody credit.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error in favor of defendant.
DISPOSITION
The judgment is affirmed.
We concur: RAYE, Acting P.J., BUTZ, J.