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People v. Null

California Court of Appeals, Fifth District
Sep 12, 2008
No. F054281 (Cal. Ct. App. Sep. 12, 2008)

Opinion

NOT TO BE PUBLISHED

Super. Ct. No. 07CM0496

APPEAL from a judgment of the Superior Court of Kings County. Peter M. Schultz, Judge.

Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


OPINION

THE COURT

Before Levy, Acting P.J., Dawson, J., and Kane, J.

On October 14, 2006, at approximately 10:15 a.m. Deputy Christopher Richardson was on patrol in Kings County when he saw appellant, Glenn Harold Null, Jr., ride up on a bicycle to the driver of a pickup truck. Null and the driver appeared to exchange something as Null extended his arm toward the driver and the driver extended his arm outside the driver’s window. Richardson believed a drug transaction was occurring and contacted the men. Null was unkempt and spoke rapidly although his speech was slurred. Null told the officer his name was Billy Wilhite.

Richardson searched Null and found a baggie containing 4.60 grams of codeine. A warrant check disclosed that Null had a no bail warrant from the Department of Corrections.

On May 15, 2007, the court denied Null’s Marsden motion.

People v. Marsden (1970) 2 Cal.3d 118.

On May 30, 2007, the district attorney filed an information charging Null with one count each of transportation of codeine (Health & Saf. Code, § 11379, subd. (a)), possession of codeine (Health & Saf. Code, § 11377, subd. (a)), falsely identifying himself to a police officer (Pen. Code, § 148.9, subd. (a)), and being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)). The information also alleged two prior prison term enhancements (Pen. Code, § 667.5, subd. (b)).

On October 10, 2007, Null entered his guilty plea to transportation of codeine and providing a false name to a police officer in exchange for the dismissal of the remaining counts and enhancements.

On November 7, 2007, the court sentenced Null to the middle term of three years on his transportation conviction and a concurrent term of time served on his providing false information conviction.

Null’s appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Null has not responded to this court’s invitation to submit additional briefing.

Following independent review of the record we find that no reasonably arguable factual or legal issues exist.

The judgment is affirmed.


Summaries of

People v. Null

California Court of Appeals, Fifth District
Sep 12, 2008
No. F054281 (Cal. Ct. App. Sep. 12, 2008)
Case details for

People v. Null

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. GLENN HAROLD NULL, JR. Defendant…

Court:California Court of Appeals, Fifth District

Date published: Sep 12, 2008

Citations

No. F054281 (Cal. Ct. App. Sep. 12, 2008)