Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. BA318721, David S. Wesley and Dorothy B. Reyes, Judges.
Lise M. Breakey, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
WILLHITE, Acting P. J.
Norman Mayfield appeals from the judgment entered following a jury trial in which he was convicted of possession of a controlled substance, count 1 (Health & Saf. Code, § 11350, subd. (a)), and possession of a smoking device, count 2 (Health & Saf. Code, § 11364, subd. (a)). Imposition of sentence was suspended and he was placed on formal probation for a period of three years under the terms and conditions of Proposition 36.
The evidence at trial established that on January 1, 2007, at approximately 7:45 a.m., Los Angeles Police Officer Thomas Denton and his partner Officer Covarubias went to room 101 at the Mustang Motel on South Western Avenue in Los Angeles in response to complaints that people were arguing and using narcotics at that location. When appellant answered the door, the officers asked appellant and his female companion what they were doing and the female replied, “just smoking some weed.” When the officers asked appellant if there was anyone else in the room, appellant opened the door completely and stated it was just “the two of [them].”
Officer Denton observed a small amount of smoke towards the ceiling of the room and, on the floor next to the bed, a cylindrical glass pipe with cocaine residue and a plastic bag containing an off-white substance. The officers detained appellant and his companion. When appellant asked why he was being detained, Officer Covarubias picked up the items off the floor and said, “for possession of narcotics.” Appellant stated, “Oh, those are mine.” Officer Covarubias placed the two items as well as a third, a rock with a net weight of .03 grams later determined to contain cocaine base, on a counter in the room and transported appellant and his companion to the police station. When the officers attempted to admonish appellant, appellant stated the drugs found were not his. He stated he had given the earlier statement because he was worried about getting his companion in trouble.
The substance was later determined to be .31 grams net weight of an off-white solid containing cocaine base.
In defense, appellant testified that the drugs and items on the floor were not his. He only stated they belonged to him because his companion had a bad record. He had not seen the items before. If he had known the items were there, he would not have answered the door. He had no reason not to let the police into the motel room. As he approached to answer the door, he had his back to his female companion. Earlier that morning there had been another person in the motel room celebrating New Years.
After review of the record, appellant’s court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.
On July 1, 2008, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. An extension of time for appellant to file a supplemental brief was granted to August 30, 2008. No response has been received to date.
We have examined the entire record and are satisfied that no arguable issues exist, and that appellant has, by virtue of counsel’s compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)
DISPOSITION
The judgment is affirmed.
We concur: MANELLA, J., SUZUKAWA, J.