Opinion
A101462.
10-28-2003
THE PEOPLE, Plaintiff and Respondent, v. RAY SLAUGHTER, Defendant and Appellant.
Ray Slaughter appeals from a judgment imposed after revocation of his probation. His counsel has raised 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 August 19, 2002, appellant entered a plea of guilty to one count of possession of cocaine base for sale (Health & Saf. Code, § 11351.5). On September 26, the court suspended imposition of sentence and placed appellant on probation for five years, subject to the conditions, among others, that he would possess no drugs and obey all laws. On October 4, 2002, the district attorney filed a motion to revoke probation on the basis of an incident involving an undercover police officer on October 2, 2002.
At the probation revocation hearing, San Francisco Police Officer, Kelly Paul, testified that she was working in an undercover narcotics operation in the area of 16th Street and Mission Street at 2:19 p.m. on October 2, 2002. After making eye contact with appellant, she approached him and said she wanted "a 20 shot," slang for $20 worth of crack cocaine. Appellant said he needed to receive the money first. At appellants suggestion, Paul put $20 under the sleeve of his jacket which was lying on the roof of a car. Appellant took the money but did not produce the cocaine. Paul reiterated her demand for the drugs for several minutes and then asked for return of the money. Appellant refused and said, "Buddy, you better step off before I have to check you." When appellant started to walk away, Paul walked in front of him and again demanded return of the money. Appellant turned to face her with his fists clenched. Fearing that appellant would hit her, Paul made a prearranged distress signal and an arrest team arrived and took custody of appellant.
Appellant testified that he was living in a residential hotel in the area and was not in possession of cocaine. Paul asked him where she could buy cocaine and engaged in small talk. She then took out money and stuck it under the sleeve of his coat which was lying on the roof of a car. He took the money and began to carry it to a uniformed police officer down the street. Paul became very hostile, and he told her to keep a distance. At this point, he was arrested.
The trial court found appellant in violation of probation on the ground that he took $20 from the officer and threatened her in a manner that caused her to become fearful. The court found the officers testimony to be credible but declined to rule on whether appellant had made an offer to sell narcotics in violation of Health and Safety Code section 11352. The trial court then proceeded to the sentencing of appellant. The court reinstated probation and extended it to December 5, 2007, subject to the conditions that appellant serve one year in county jail, waive his 170 days of credit for time served, and stay away from an area extending one block in all directions from the intersection of 16th Street and Mission Street. Appellant agreed to those conditions and probation was reinstated.
Appellant was represented by counsel and received a fair hearing. Substantial evidence supports the courts finding that appellant violated the conditions of his probation. There was no error in the sentencing. Thus there are no meritorious issues to be argued.
The judgment is affirmed.
We concur: Stein, Acting P. J. and Margulies, J.