People v. Murphy

Full title: THE PEOPLE, Plaintiff and Respondent, v. WILLIAM ANTHONY MURPHY, Defendant…

Court: California Court of Appeals, Third District, Yuba

Date published: Dec 8, 2009

No. C061056 (Cal. Ct. App. Dec. 8, 2009)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. WILLIAM ANTHONY MURPHY, Defendant and Appellant. C061056 California Court of Appeal, Third District, Yuba December 8, 2009

NOT TO BE PUBLISHED

Super. Ct. No. CRF07494

HULL, J.

On August 7, 2007, a Marysville police officer stopped a car for lack of a registration sticker and a cracked windshield. The driver, Andre Price, was on searchable probation and the rear passenger, Adam Monroe, had an outstanding warrant from another county. Defendant, William Anthony Murphy, sat in the front passenger seat. After another police unit arrived, the officers requested that defendant get out of the car because it was going to be searched. As defendant did so, Marysville Police Officer Christian Sachs smelled fresh marijuana on defendant’s person. Officer Sachs patted defendant down for weapons and found none. When the officer asked defendant about the smell, defendant did not respond. When the officer expressed his belief that defendant had marijuana on his person, defendant admitted that he had a “little bit.” The officer asked if it was about an eighth of an ounce and defendant agreed. The officer asked for the marijuana and defendant reached into his pocket, retrieved a bag containing 5.75 grams of marijuana, and gave it to the officer. The officer handcuffed defendant and then searched him, finding a zippered wallet containing a plastic bag with 7.11 grams of methamphetamine and a digital scale with powdery residue.

An information charged defendant with transportation of methamphetamine, possession of methamphetamine for sale, possession of methamphetamine, and possession of not more than one ounce of marijuana. (Health & Saf. Code, §§ 11379, subd. (a), 11378, 11377, subd. (a), 11357, subd. (b), respectively.)

After his motion to suppress (Pen. Code, § 1538.5) was denied, defendant entered a plea of no contest to transportation of methamphetamine. The court suspended imposition of sentence and granted probation for a term of three years subject to certain terms and conditions including 120 days in county jail. The remaining counts were dismissed.

Defendant appeals. His request for a certificate of probable cause (Pen. Code, § 1237.5) was denied.

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 that would result in a disposition more favorable to defendant.

Disposition

The judgment is affirmed.

We concur: SIMS, Acting P. J., CANTIL-SAKAUYE, J.