Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County No. RIF140482 Thomas H. Cahraman, Judge.
Marilee Marshall, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
McKinster J.
Defendant appeals from a judgment after entry of a guilty plea.
STATEMENT OF THE CASE
An 11-count amended information was filed on July 18, 2008, which consolidated four different instances of possession or transportation of methamphetamine occurring on December 4, 2007; October 28, 2007; October 12, 2007; and July 19, 2007. It also alleged misdemeanor offenses and certain enhancement allegations.
On July 18, 2008, defendant entered into a plea agreement in which he pled guilty to counts 6 and 9, both alleging transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)). As to count 6, defendant admitted a prior drug conviction for a violation of Health and Safety Code section 11379.6 within the meaning of Health and Safety Code section 11370.2, subdivision (c). As to both counts, defendant admitted that he had committed both of those offenses while he was released from custody within the meaning of Penal Code section 12022.1.
It was agreed that defendant would receive a 10-year prison commitment, and the remaining counts and enhancing allegation would be dismissed when he returned to court for sentencing.
On July 29, 2008, defendant asked for counsel to be appointed to consider withdrawal of his plea. New counsel was appointed, but counsel withdrew defendant’s motion to withdraw his plea.
On August 1, 2008, in accordance with his plea agreement the court imposed a 10-year state prison commitment. The court imposed the low term of two years as the principal term on count 6 with a consecutive two years for the enhancement pursuant to Penal Code section 12022.1 and a consecutive three years for the enhancement pursuant to Health and Safety Code section 11379.6. As to count 9, the court imposed an additional year, one-third the midterm, consecutive to count 6, and it imposed an additional two years consecutively for the Penal Code section 12022.1 enhancement. The court awarded nine days of custody credits. The remaining counts and enhancements were dismissed pursuant to the plea agreement.
Defendant filed a notice of appeal on August 13, 2008, stating, “This appeal is based on the sentence or other matters that occurred after the plea and do not affect its validity.” No other grounds for appeal were stated, and defendant did not request a certificate of probable cause (Pen. Code, § 1237.5).
STATEMENT OF FACTS TAKEN FROM THE PRELIMINARY HEARINGS
Count 6 – October 12, 2007
Defendant was driving in Corona at 4:47 p.m. and was stopped by a police officer. Another officer searched defendant and found several baggies of methamphetamine contained in an eyeglass case inside defendant’s pocket. The officers also found a plastic bag containing methamphetamine between the paneling and the left rear seat. Defendant had over $800 on his person.
Count 9 – July 19, 2007
Defendant was driving in Corona and was stopped by a police officer for a traffic violation. He produced a license that was suspended. The officer searched the car and found two baggies of methamphetamine inside a McDonald’s bag. Another bag of methamphetamine was found on the curb from underneath where defendant was sitting. Defendant had over $355 on his person. The officer opined that the quantity of contraband was possessed for sales.
DISCUSSION
Defendant has appealed, and at his request we appointed counsel to represent him. Counsel has filed a brief under authority of People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case, a statement of facts, stating possible issues on appeal and asking this court to undertake an independent review of the entire record.
None of the four suggested possible issues on appeal survive defendant’s guilty plea because they either require a certificate of probable cause (Pen. Code, § 1237.5) or go to the validity of the plea (People v. Panizzon (1996) 13 Cal.4th 68, 76).
We provided defendant with an opportunity to file a personal supplemental brief, but he has not done so.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
We concur: Ramirez P.J., Hollenhorst J.