Opinion
G037000
5-15-2007
THE PEOPLE, Plaintiff and Respondent, v. MANUEL TELLEZ, JR., Defendant and Appellant.
Dabney B. Finch, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED
Manuel Tellez, Jr., was charged with violating Penal Code section 273.5, subdivision (a), Health and Safety Code section 11359, Health and Safety Code section 11377, subdivision (a), and Penal Code section 417, subdivision (a)(1). The information alleged Tellez committed two prior serious or violent felonies (Pen. Code, §§ 667, subds. (d), (e)(2)(A), 1170.12, subds. (b), (c)(2)(A)), and suffered two prior prison sentences (Pen. Code, § 667.5, subd. (b)). He was found guilty as charged on the domestic violence count, the methamphetamine count, and the brandishing count. On the marijuana for sale count, he was convicted of the lesser included offense of simple possession. Tellez waived his right to a jury trial and admitted the prior allegations. He timely appealed.
We appointed counsel to represent Tellez on appeal. Counsel filed a brief that set forth the facts of the case. Counsel did not argue against her client, but advised the court no issues were found to argue on his behalf. Tellez was given 30 days to file written argument on his own behalf. That period has passed, and we have received no communication from him. We have examined the record and found no arguable issues. (People v. Wende (1979) 25 Cal.3d 436.)
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The trial court granted Tellez motion to sever the possession of marijuana for sale count and the possession of methamphetamine count from the other two counts. A jury found Tellez guilty of simple possession on the possession of marijuana count and guilty on the possession of methamphetamine count. Tellez waived his right to a jury trial on the priors and admitted them as alleged. He also waived his right to a jury trial on the remaining two counts, and the trial court found him guilty of the remaining counts. The court struck one of Tellez prior serious felonies and sentenced him to double the midterm on the domestic violence count, and double the midterm on the methamphetamine count, and ordered the terms to be served consecutively. The court stayed the sentence on the marijuana count, and suspended the sentence on the brandishing count. The court sentenced Tellez to a total state prison term of seven years and four months.
Appellate counsel identified two issues pursuant to Anders v. California (1967) 386 U.S. 738. The first issue is the denial of his People v. Wheeler (1978) 22 Cal.3d 258 motion, and the second issue is the granting of his motion to sever. Neither issue has merit.
Tellez questioned the prosecutors exercise of peremptory challenges to excuse Hispanic jurors. After receiving explanations from the prosecutor as to why he had excused two Hispanic jurors, the trial court concluded both jurors had been excluded for race-neutral reasons. A trial courts determination as to the validity of the nondiscriminatory justifications offered by a prosecutor are entitled to deference on appeal. (People v. Arias (1996) 13 Cal.4th 92, 136.) A review of the trial court record reflects Tellezs Wheeler motion was properly denied.
Tellez moved to sever the drug-related counts in the information and his motion was granted. We do not perceive any cognizable appellate issue arising out of the granting of Tellez motion to sever. (People v. Smith (2007) 40 Cal.4th 483, 510 [motion to sever reviewed for abuse of discretion].)
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The judgment is affirmed.
We Concur:
SILLS, P. J.
FYBEL, J.