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People v. Spikes

Court of Appeals of California, First Appellate District, Division Five.
Nov 21, 2003
A103415 (Cal. Ct. App. Nov. 21, 2003)

Opinion

A103415.

11-21-2003

THE PEOPLE, Plaintiff and Respondent, v. SHAWN LAMAR SPIKES, Defendant and Appellant.


Shawn Spikes appeals from the revocation of his probation and his commitment to state prison. Appellants court appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.

In August 2001, the court suspended imposition of sentence, placing appellant on probation for a period of five years for the sale of a controlled substance (Health & Saf. Code, § 11352).

In July 2003, the prosecution moved to revoke appellants probation based on the allegation that appellant sold base cocaine.

At the conclusion of an evidentiary hearing, the court found appellant in violation of the terms of his probation as alleged.

The court permanently revoked appellants probation and sentenced him to the aggravated term of five years in state prison for the sale of a controlled substance (§ 11352). The court granted appellant 321 days total presentence credit and ordered him to pay a $200 restitution fine.

Prosecution Case

At approximately 8:15 p.m. on April 11, 2003, Detective Craig Lindenau of the Berkeley Police Department observed appellant walking eastbound on the south side of University Avenue in Berkeley. Lindenau was in his unmarked police car parked facing westbound on the north side of the same street, a distance of about 75 feet from appellant. Lindenau recognized appellant from numerous previous contacts.

Through his binoculars, the officer saw appellant pass a White male who was walking westbound and saw the two men engage in a very brief conversation. The White male, later identified as Richard Krueger, then turned around and walked with appellant for a brief distance. The two men stopped, and appellant reached inside the posterior area of his pants. Appellant withdrew his hand and extended his cupped fist toward Krueger, apparently handing something to Kruegers open, upturned palm. Krueger then closed his fist, and appellant withdrew his hand, which now was open. Krueger then handed appellant some amount of cash.

Appellant and Krueger quickly separated, and Lindenau lost sight of appellant as he walked down an adjacent street. Krueger remained in the area, and Lindenau called backup officers to have him detained. As the backup officers approached in their police vehicle, Krueger walked over to a little dirt area with a tree on the sidewalk and threw two white objects to the ground. Once Krueger was detained, Lindenau directed another officer to search the area of the tree where Lindenau had seen the white objects discarded. The other officer radioed that he had found drugs and later showed two white rocks of suspected cocaine to Lindenau.

It was stipulated that the two white rocks recovered by the police were tested by a forensic chemist who found them to weigh .16 and .13 grams and contain base cocaine.

Substantial evidence supports the courts finding that appellant violated the terms of his probation.

Appellant was represented by counsel throughout the proceedings.

Appellants probation revocation hearing comported with the due process requirements of People v. Vickers (1972) 8 Cal.3d 451.

There was no sentencing error.

There are no legal issues that require further briefing.

The order revoking appellants probation and the sentence imposed are affirmed

We concur: Simons, J., Gemello, J. --------------- Notes: All statutory references are to the Health and Safety Code.


Summaries of

People v. Spikes

Court of Appeals of California, First Appellate District, Division Five.
Nov 21, 2003
A103415 (Cal. Ct. App. Nov. 21, 2003)
Case details for

People v. Spikes

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. SHAWN LAMAR SPIKES, Defendant and…

Court:Court of Appeals of California, First Appellate District, Division Five.

Date published: Nov 21, 2003

Citations

A103415 (Cal. Ct. App. Nov. 21, 2003)