Opinion
B197422
1-2-2008
THE PEOPLE, Plaintiff and Respondent, v. ROY WILLIAMS, Defendant and Appellant.
Jennifer A. Mannix, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED
Following the denial of his motion to suppress evidence, Roy Williams entered a negotiated plea of no contest to possession of heroin for sale.
At the same proceeding, codefendant Samuel Green pleaded no contest to possession of heroin for sale pursuant to a negotiated plea. He is not a party to this appeal.
Williams was charged by information with one count of possession of heroin for sale and possession of cocaine base for sale. The information specially alleged as to both counts that Williams had a prior narcotics-related offense.
At the hearing on the motion to suppress evidence, Officer Dale Zeismer testified that while watching a homeless encampment on a sidewalk in Los Angeles, he saw codefendant Samuel Green repeatedly leave a tent to engage in what appeared to be hand-to-hand narcotics sales. Officers Steve Rodriguez and Dominguez Silva approached Greens tent to investigate. Rodriguez saw Green and Williams inside the open tent; Williams was asleep near the entrance. In response to Officer Rodriguezs request, Green stepped out of the tent, disturbing Williams in the process. Green was arrested by Officer Silva.
Williams awakened, moved his leg, revealing the presence of seven multicolored balloons. Officer Rodriguez testified the balloons were consistent with the manner in which heroin is packaged for sale. He had Williams step out of the tent and placed him under arrest. Officer Rodriguez then noticed a black plastic bag where Williams had been sleeping. Inside the bag, were four bindles of the same type of multicolored balloons. Next to the bag, was an off-white solid resembling rock cocaine.
At the conclusion of the hearing, the trial court denied the motion to suppress. The court found Williams did not have a legitimate expectation of privacy in a tent placed on a public sidewalk and, even if he did, there was probable cause for his arrest based on Officer Rodriguezs plain-view observation of the balloons of heroin under Williamss leg.
The suppression motion was also denied as to codefendant Green.
Williams pleaded no contest to possession of heroin for sale. In accordance with the plea agreement, the trial court imposed the lower term of two years in state prison. Williams received presentence custody credit of 195 days (131 actual days and 64 days of conduct credit). The court ordered Williams to pay a $50 lab fee, a $20 security assessment and a $200 restitution fine. A parole revocation fine was imposed and suspended pursuant to Penal Code section 1202.45. The remaining charge and special allegations were dismissed on the Peoples motion. Williams appealed, challenging the validity of the trial courts denial of his motion to suppress evidence.
We appointed counsel to represent Williams on appeal. After examination of the record counsel filed an "Opening Brief" in which no issues were raised. On October 4, 2007, we advised Williams 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, including the transcript of the hearing on the motion to suppress evidence, and are satisfied Williamss 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:
PERLUSS, P. J.
ZELON J.