Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County Nos. SCD202824 SCD200201 SCD176528, Robert F. O'Neill, Judge.
NARES, J.
On August 4, 2003, when police officers attempted to stop Shawn James Allen Woodall's vehicle, he sped away, driving erratically and forcing commuters to pull over to avoid being hit. On August 30, in case No. SCD176528, Woodall pleaded guilty to evading a police officer while driving recklessly (Veh. Code, § 2800.2, subd. (a)). On September 15 the court placed him on three years' probation.
On July 12, 2006, Woodall sold two pieces of rock cocaine to an undercover police officer. On August 30, in case No. SCD200201, Woodall pleaded guilty to selling cocaine base (Health & Saf. Code, § 11352, subd. (a)) and possessing cocaine base for sale (Health & Saf. Code, § 11351.5) and admitted serving a prior prison term (Pen. Code, § 667.5, subd. (b)). On September 28 the court suspended execution of a prison sentence and placed him on five years' probation.
On November 13, 2006, police officers found eight pieces of cocaine base in Woodall's pocket. He spontaneously said, "That is rock cocaine. It is for personal use only. I am not selling." On October 19, 2007, in case No. SCD202824, he entered a negotiated guilty plea to possessing cocaine base (Health & Saf. Code, § 11350, subd. (a)) and possessing cocaine base for sale with a prior conviction (Health & Saf. Code, § 11370.2, subd. (a)). The court revoked probation in case Nos. SCD176528 and SCD200201. It dismissed the possessing cocaine base conviction and the enhancement in case No. SCD202824 and sentenced him to four years in prison: in case No. SCD202824, the four-year middle term for possessing cocaine base for sale; in case No. SCD200201, a stayed sentence; and in case No. SCD176528, a concurrent two-year middle term. Woodall appeals.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. 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.
We granted Woodall permission to file a brief on his own behalf. He has responded, contending because the 889 days' credit he received in case No. SCD176528 exceeded his two-year sentence in that case, the court should have allocated the excess credits to case No. SCD202824. This issue must be raised first in the trial court. (People v. Mendez (1999) 19 Cal.4th 1084, 1093, 1100-1101.)
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 has disclosed no other reasonably arguable appellate issues. Woodall has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: McCONNELL, P. J., IRION, J.