Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of San Diego CountySuper. Ct. No. SCN205262, Timothy M. Casserly, Judge. Affirmed.
McDONALD, J.
A jury convicted Melvin A. Weston of possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)), driving under the influence of drugs (Veh. Code, § 23152, subd. (a)), and being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)). In a separate proceeding, Weston admitted he had a previous strike conviction (Pen. Code, § 667, subds. (b) through (i)). The trial court sentenced Weston to six years in state prison.
FACTS
Shortly before 2:00 a.m. on December 17, 2005, California Highway Patrol Officer Jeffrey Walker noticed the car driven by Weston was weaving and traveling at 10 miles above the speed limit. Walker activated the lights on his vehicle and commanded Weston to pull over; Weston complied. Walker smelled burnt marijuana coming from the vehicle and described Weston as emotional and agitated. Weston told Walker he had smoked marijuana earlier, but had not used any other type of drug. Based on field sobriety tests, Walker concluded Weston was under the influence of a stimulant and arrested him.
Upon searching Weston, Walker found a small bindle of methamphetamine in the coin pocket of Weston's jeans. Weston denied ownership of the bindle and of the jeans. Later, Weston told officers he was given the methamphetamine as a birthday gift.
California Highway Patrol officer Scott Miller, a drug recognition expert, evaluated Weston at the station and concluded he was under the combined influence of a stimulant and marijuana.
At the sentencing hearing on January 29, 2007, the court denied Weston's motion to dismiss the prior strike conviction allegation and imposed a six-year prison sentence. The court imposed the upper term of three years on the possession of a controlled substance count and doubled it under the Three Strikes Law. As aggravating factors, the court relied on, among other things, Weston's probation status at the time of the offense and his numerous prior convictions.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether the trial court erred by denying Weston's Romero (People v. Superior Court (Romero) (1996) 13 Cal.4th 497) motion to dismiss his prior strike conviction; and (2) whether the court erred by sentencing him to an upper term based on facts not found by the jury.
We granted Weston permission to file a brief on his own behalf. He has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Weston has been competently represented on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: HUFFMAN, Acting P. J., NARES, J.