Opinion
C086261
07-18-2018
THE PEOPLE, Plaintiff and Respondent, v. ROBERT DWAIN COSSAIRT, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 16F2320)
Appointed counsel for defendant Robert Dwain Cossairt asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.
I
Sheriff's Deputy Henry Taylor conducted a traffic stop of defendant. Deputies Taylor and David Renfer searched the vehicle and found 18.5 grams of methamphetamine, 0.3 grams of heroin, 13 hydromorphone pills, 7 hypodermic needles, a digital scale, pay sheets, and $273 in cash.
A complaint deemed an information charged defendant with sale or transport of methamphetamine (Health & Saf. Code, § 11379, subd. (a) -- count 1), possession for sale of methamphetamine (Health and Saf. Code, § 11378 -- count 2), and possession of an injecting or smoking device (Health and Saf. Code, § 11364, subd. (a) -- count 3). The information also alleged as to counts 1 and 2 that defendant had two prior serious or violent felony convictions (Pen. Code, § 1170.12) and one prior prison term (§ 667.5, subd. (b)).
Undesignated statutory references are to the Penal Code. --------
Defendant pleaded no contest to all three counts and admitted the enhancement allegations. The trial court denied defendant's section 1385 motion and sentenced defendant to nine years in state prison, consisting of the following: the upper term of four years for count 1, doubled because of the prior strikes; one-third the midterm (eight months) for count 2, doubled due to the prior strikes, and stayed pursuant to section 654; and 180 days in county jail on count 3, to be served concurrently, plus one year for the prior prison term enhancement. The trial court also awarded three days of presentence custody credit and ordered defendant to pay a $300 restitution fine (§ 1202.4), a $300 parole revocation fine (§ 1202.45), a $40 court operations fee (§ 1465.8), and a $30 criminal conviction assessment (Gov. Code, § 70373).
II
Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing the opening brief. More than 30 days elapsed and we received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
/S/_________
MAURO, J. We concur: /S/_________
BLEASE, Acting P. J. /S/_________
RENNER, J.