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People v. Smith

Court of Appeal of California
Sep 19, 2008
C057287 (Cal. Ct. App. Sep. 19, 2008)

Opinion

C057287

9-19-2008

THE PEOPLE, Plaintiff and Respondent, v. JERAMEY STEELE SMITH, Defendant and Appellant.

Not to be Published


In case No. CM026044, a court convicted defendant Jeramey Steele Smith of transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)), possession of methamphetamine for sale (Health & Saf. Code, § 11378), evading an officer, a misdemeanor (Veh. Code, § 2800.1), and possession of a smoking device, a misdemeanor (Health & Saf. Code, § 11364, subd. (a)). The court found true three prior prison term allegations (Pen. Code, § 667.5, subd. (b)) and one prior drug conviction (Health & Saf. Code, § 11370.2, subd. (c)). In case No. CM027115, defendant entered a negotiated plea of no contest to failure to appear while on bail (Pen. Code, § 1320.5) in exchange for dismissal of the special allegations (on-bail enhancement and three prior prison term allegations).

The trial court sentenced defendant to state prison for an aggregate term of eight years eight months, that is, the midterm of three years for transportation, two years for two of the prior prison terms, three years for the prior drug conviction, a consecutive one-third the midterm or eight months for the failure to appear, a stayed term for possession for sale and concurrent six month terms in county jail for the misdemeanor offenses.

Defendant appeals in both cases.

Case No. CM026044

About 2:24 p.m. on September 22, 2006, while on patrol in uniform in a marked patrol vehicle, Oroville Police Officer Gil Zarate saw a 1990 Toyota Corolla with an altered rear license plate in violation of Vehicle Code section 4464. Where the registration tags belonged, there was paint to symbolize the stickers. A faded temporary registration sticker with the number 10 was in the rear window. Officer Zarate, with his partner, Detective Kevin Sorenson, followed the car and activated the emergency lights and siren to conduct a traffic stop. After following the Corolla for a mile to a mile and a half, during which Officer Zarate observed defendant shifting around in his seat, defendant pulled over, got out of his car with his hands raised and one fist clenched, stepped toward Zarate and demanded to know why he had been stopped. Defendant was five feet seven or eight inches tall and weighed more than 250 pounds. Officer Zarate ordered defendant at gunpoint to turn around and back up. Defendant complied and was handcuffed. Officer Zarate explained to defendant that he had been pulled over for a registration violation, referring to the tag in the rear window and the license plate irregularity. Defendant claimed his registration was current and could be found in the glove compartment. Officer Zarate opened the passenger door of defendants car and emptied the contents of the glove compartment to look for the registration. He saw a pipe used for smoking methamphetamine stuck between the passenger seat and the center console. A search of the car revealed .04 grams of methamphetamine, packaging material, pay/owe sheets, two scales, and a spoon and knife, all with methamphetamine residue. A search of defendant revealed 26.72 grams of methamphetamine, which had been broken up into four quantities, in a sunglass case suspended on a string along defendants inner thigh. Officer Zarate opined that the methamphetamine found on defendant was worth about $5,300 and was possessed for sale.

Having been advised of his rights pursuant to Miranda v. Arizona (1966) 384 U.S. 436 , defendant claimed he used $50 worth of methamphetamine a month and also sold methamphetamine, making approximately $3,000 per ounce.

Defendant had been convicted in 1996 of violating Health and Safety Code section 11378, in 2000 of violating Vehicle Code sections 10851 and 2800.2, and in 2004 of violating Vehicle Code section 10851; he had served two separate prison terms for the latter three offenses.

Case No. CM027115

While released on bail in case No. CM026044, defendant failed to appear for court trial on April 24, 2007.

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 have elapsed, and we have received no communication from defendant.

We note an error in the amended abstract of judgment filed January 10, 2008. The amended abstract refers to defendants violation of Health and Safety Code section 11379 (count 1A) as sale of a controlled substance. The trial court expressly stated that it found defendant guilty of transportation, not sale, of a controlled substance. We will order the abstract corrected accordingly. (People v. Mitchell (2001) 26 Cal.4th 181, 185.)

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 trial court is directed to prepare a corrected abstract of judgment which described defendants violation of Health and Safety Code section 11379 (count 1A) as transportation of a controlled substance and to forward a certified copy of the corrected abstract to the Department of Corrections and Rehabilitation. The judgment is affirmed.

We concur:

NICHOLSON, J.

HULL, J. --------------- Notes: At trial, the court found three prior prison term allegations to be true. The probation report notes that defendant only served two prior prison terms, not three. The prosecution introduced exhibits to prove the priors and those exhibits reflect only two prior prison terms. At sentencing, the trial court corrected its previous ruling when it imposed two years (one year each for two prior prison terms).


Summaries of

People v. Smith

Court of Appeal of California
Sep 19, 2008
C057287 (Cal. Ct. App. Sep. 19, 2008)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JERAMEY STEELE SMITH, Defendant…

Court:Court of Appeal of California

Date published: Sep 19, 2008

Citations

C057287 (Cal. Ct. App. Sep. 19, 2008)