Opinion
A103156.
10-24-2003
THE PEOPLE, Plaintiff and Respondent, v. STEVE GENE ROSEN, Defendant and Appellant.
Steve Gene Rosen appeals from a judgment entered on his pleas of guilty and no contest. His counsel raises no issues and asks this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.)
On October 31, 2002, in case No. SCR 32500, the People filed an information charging defendant with vehicle theft (Veh. Code, § 10851, subd. (a)) and purchasing or receiving a stolen vehicle (Pen. Code, § 496d, subd. (a)). The information further alleged that defendant suffered three prior prison convictions within the meaning of Penal Code section 667.5, subdivision (b). On January 27, 2003, the People filed an information in case No. SCR 32658 charging defendant with possession of methamphetamine for sale (Health & Saf. Code, § 11378) and being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1)). The information further alleged sentencing enhancements pursuant to Health and Safety Code section 11370.2 for defendants prior conviction of two drug offenses, probation ineligibility (Pen. Code, § 1203.07, subd. (a)(11)), that defendant was on bail when he committed the offenses (Pen. Code, § 12022.1), and that he suffered three prior prison convictions (Pen. Code, § 667.5, subd. (b)).
On April 7, 2003, defendant waived his right to a jury trial in both cases and pled no contest to the vehicle theft count and guilty to possession of methamphetamine for sale with the enhancements for prior drug offenses and being out on bail. The pleas were entered with the understanding that defendant could be sentenced to a maximum term of 11 years in state prison and that the remaining charges would be dismissed with a Harvey waiver.
The trial court denied defendants request for probation and sentenced him to the midterm of two years on the methamphetamine offense plus three years for each of the two Health and Safety Code section 11370.2 enhancements, two years for the on-bail enhancement, and a consecutive term of eight months for the vehicle theft conviction for a total term of ten years and eight months. The court awarded defendant custody credits of 255 days.
Defendant was represented by counsel. There are no meritorious issues to be argued. There was no error in the sentencing.
DISPOSITION
The judgment is affirmed.
We concur: KAY, P.J., and REARDON, J. --------------- Notes: People v. Harvey (1979) 25 Cal.3d 754.