Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. BA 296777, Anne H. Egerton, Judge.
Judy G. Fridkis, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
ROTHSCHILD, J.
Herman Mitchell appeals from a judgment of conviction after a jury found him guilty of one count of sale of cocaine base. (Health & Saf. Code, § 11352, subd. (a).)
We appointed counsel to represent appellant in this matter. After examining the record, counsel filed a “Wende” brief raising no issues on appeal and requesting that we independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We directed appointed counsel to immediately send the record on this appeal and a copy of the opening brief to appellant and notified appellant that, within 30 days from the date of the notice, he could submit by brief or letter any grounds of appeal, contentions, or argument he wished us to consider. We received no response from appellant.
We have examined the entire record and are satisfied that appellant’s attorney has fully complied with her responsibilities and that no arguable issue exists. (People v. Wende, supra, 25 Cal.3d at p. 441.) We set out below a brief description of the facts and procedural history of the case, the crime of which the defendant was convicted, and the punishment imposed. (People v. Kelly (2006) 40 Cal.4th 106, 110.)
Police officers observed defendant take money from an individual and hand it to a person in the driver’s seat of a car who then handed defendant something which he passed on to the individual. Another set of officers arrested the individual and recovered two rocks of cocaine from his pocket.
The officers next observed another individual at the same location hand defendant some money and then take an item directly from the person in the car. Another set of officers arrested this individual and recovered one rock of cocaine.
The officers who had been observing defendant arrested him and the person in the car. They recovered four rocks of cocaine from the driver’s side of the car.
Defendant testified in his own defense. He stated that he was a homeless disabled veteran living in the parking lot of an abandoned apartment building. He admitted being near the scene on the night of the cocaine sales. He and some friends were there drinking and smoking cocaine. He was not involved in any drug sales. He never noticed the parked car or the individuals who approached it.
A jury convicted defendant of one count of sale of cocaine base. The trial court sentenced him to the mid-term of 4 years doubled under the Three Strikes law plus a 3-year enhancement under Health and Safety Code section 11370.2, subdivision (a), for a previous violation of Health and Safety Code section 11352, subdivision (a), for a total of 11 years. Defendant filed a timely appeal.
Sufficient evidence supports defendant’s conviction and, as noted above, we find no legal basis for reversing it.
DISPOSITION
The judgment is affirmed.
We concur: MALLANO, Acting P. J. JACKSON, J.
Judge of the L. A. Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.