Opinion
B164047.
7-29-2003
THE PEOPLE, Plaintiff and Respondent, v. DANIEL R. McMAHAN, Defendant and Appellant.
William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Appellant Daniel R. McMahan was charged with possession of a controlled substance (cocaine) in violation of Health and Safety Code section 11350, subdivision (a). The court denied his pretrial motions to suppress evidence (Pen. Code, § 1538.5) and to relieve counsel (People v. Marsden (1970) 2 Cal.3d 118, 84 Cal. Rptr. 156, 465 P.2d 44). Defendant admitted one "Three Strikes" prior conviction and two prior prison terms. A jury trial was conducted and defendant was convicted of the charged offense. The trial court sentenced defendant to an eight-year term.
This appeal follows.
After review of the record, appellants 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, 158 Cal. Rptr. 839, 600 P.2d 1071.
On June 17, 2003, this court advised appellant he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received in this case.
We have examined the entire record and are satisfied that no arguable issues exist, and that appellant has, by virtue of counsels 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, 145 L. Ed. 2d 756, 120 S. Ct. 746.)
The judgment is affirmed.
We concur: EPSTEIN, J., HASTINGS, J.