Opinion
2d Crim. No. B234339
01-09-2012
THE PEOPLE, Plaintiff and Respondent, v. DESMOND L. RUSSELL, Defendant and Appellant.
California Appellate Project , under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director and Richard B. Lennon, Staff Attorney, for Defendant and Appellant. No appearance for Respondence.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.
(Super. Ct. No. BA377415)
(Los Angeles County)
Desmond L. Russell appeals from the judgment following his plea of no contest to possession for sale of phencyclidine (PCP; Health & Saf. Code, § 11378.5). Pursuant to the negotiated plea, appellant was sentenced to four years state prison and ordered to pay a $200 restitution fine (Pen. Code, § 1202.4, subd. (b)), a $200 parole revocation fine (§ 1202.45), a $50 lab fee (Health & Saf. Code, § 11372.5, subd. (a)), a $40 court security fee (§ 1465.8, subd. (a)(1)), and a $30 criminal conviction assessment (Gov. Code, § 70373).
All statutory references are to the Penal Code unless otherwise stated.
We appointed counsel to represent appellant in this appeal. After counsel's examination of the record, he filed an opening brief in which no issues were raised.
On October 27, 2011, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received.
The preliminary hearing transcript and probation report reflect that City of Los Angeles Police Officer Jennifer Carson smelled PCP emanating from appellant's backyard on October 25, 2010. The officer had prior contacts with appellant, knew appellant was on parole, and conducted a search, finding more than 275 grams of liquid PCP, bottles and glass vials to package and sell the PCP, numerous droppers, a digital scale, a police radio scanner, and $1,260.
Appellant entered into a negotiated plea for a four-year midterm sentence.
We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
YEGAN, J. We concur:
GILBERT, P.J.
PERREN, J.
Dennis J. Landin, Judge
Superior Court County of Los Angeles
California Appellate Project , under appointment by the Court of Appeal, Jonathan B. Steiner, Executive Director and Richard B. Lennon, Staff Attorney, for Defendant and Appellant.
No appearance for Respondence.