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People v. Williams

California Court of Appeals, Second District, Seventh Division
Sep 30, 2009
No. B210497 (Cal. Ct. App. Sep. 30, 2009)

Opinion

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Los Angeles County, David Sotelo, Judge. Los Angeles County Super. Ct. No. BA332808

Deborah Blanchard, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


WOODS, Acting P. J.

On the night of November 29, 2007, narcotics officers watched four different people give money to defendant James Edward Williams, who was standing in front of a house. After surrendering the money, each person would wait as defendant walked to the side of the house and retrieve a small item, which defendant then handed to the person in front of the house. One of the officers approached defendant, identified himself, went to the side of the house and found a plastic pot containing what later proved to be cocaine in medicine vials and in plastic wrapping. Shortly thereafter, defendant was arrested. During a search incident to his arrest, the officers found $85 in cash on his person. After defendant was advised of his right to remain silent, to the presence of an attorney and, if indigent, to appointed counsel (Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694]), defendant waived those rights and admitted the cocaine was his, but claimed it was not for sale.

A jury convicted defendant of possession for sale of cocaine base (Health & Saf. Code, § 11351.5). In bifurcated proceedings, defendant waived his trial rights and admitted he had previously suffered two drug-related felony convictions within the meaning of Health and Safety Code section 11370.2 and had previously served one separate prison term for a felony conviction under Penal Code section 667.5, subdivision (b).

The trial court sentenced defendant to an aggregate 11-year state prison term, consisting of the middle term of four years for possession for sale of cocaine base, plus six years for defendant’s two drug-related felony-conviction enhancements and one year for his prior prison term enhancement. The court ordered defendant to pay a $20 security assessment and a $200 restitution fine. A parole revocation fine was imposed and suspended pursuant to Penal Code section 1202.45.

Defendant timely filed a notice of appeal. We appointed counsel to represent him on appeal. After examination of the record, counsel filed an opening brief in which no issues were raised. On May 19, 2009, we advised defendant he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received to date.

We have examined the entire record and are satisfied defendant’s attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

We concur: ZELON, J. JACKSON, J.


Summaries of

People v. Williams

California Court of Appeals, Second District, Seventh Division
Sep 30, 2009
No. B210497 (Cal. Ct. App. Sep. 30, 2009)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JAMES EDWARD WILLIAMS, Defendant…

Court:California Court of Appeals, Second District, Seventh Division

Date published: Sep 30, 2009

Citations

No. B210497 (Cal. Ct. App. Sep. 30, 2009)