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People v. Lang

California Court of Appeals, Fourth District, Second Division
Jun 9, 2008
No. E044471 (Cal. Ct. App. Jun. 9, 2008)

Opinion

NOT TO BE PUBLISHED

APPEAL from the Superior Court of Riverside County No. RIF138193, B. J. Bjork, Judge.

Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


OPINION

McKinster, J.

Pursuant to People v. Wende (1979) 25 Cal.3d 436, defendant’s counsel asks us to examine the record to determine if there are any issues deserving further briefing. We find no issues deserving further briefing and affirm the judgment.

FACTS

The following facts about defendant’s offense are taken from a declaration in support of an arrest warrant for defendant’s codefendant, Rosa. On August 7, 2007, Riverside County Sheriff’s Deputy Hutson and members of the Moreno Valley Police Department Special Enforcement Team executed a search warrant at Rosa’s house, in Moreno Valley. The warrant authorized the deputy and officers to search for narcotics. When Deputy Hutson entered Rosa’s house, he found defendant and Kendra. Rosa was not in the house at the time of the search. Rosa was on probation at the time of the search. During the search of the house, the deputy and officers discovered 15.4 grams of methamphetamine, of which 3.8 grams was packaged for individual sale. Also uncovered were three digital scales, Ziplock bags, a glass pipe for smoking methamphetamine, and a pay-owe sheet listing several names and dollar amounts.

On August 10, 2007, the Riverside County District Attorney charged defendant with possessing methamphetamine for sale (Health & Saf. Code, § 11378) and possessing methylenedioxy methamphetamine (Health & Saf. Code, §§ 11377, subd. (a) & 11054, subd. (d)(6)). Additionally, the district attorney alleged that defendant suffered three prior convictions that resulted in prison terms. (Pen. Code, § 667.5, subd. (b).)

Pursuant to a plea bargain, defendant pled guilty to possessing methamphetamine for sale. (Health & Saf. Code, § 11378, subd. (a).) Defendant signed a felony plea form, in which he waived his constitutional rights and admitted the facts alleged in the felony complaint. In accordance with the plea bargain, the court sentenced defendant to the low term of one year four months in state prison to run concurrent with any other sentence defendant might have incurred. (Pen. Code, § 18.) The remaining charge against defendant was dismissed, and defendant’s prior convictions were stricken. A separate misdemeanor charge against defendant, in case No. RIM495464, was also dismissed. The record does not contain a certificate of probable cause.

DISCUSSION

We appointed counsel to represent defendant on appeal. After examining the record, counsel filed a brief raising no arguable issues and requesting an independent review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436. This court notified defendant on April 14, 2008, that he had 30 days within which to submit, by supplemental brief, any grounds for appeal. To date, we have received no response from defendant. We have independently examined the entire record and have determined that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284; People v. Kelly (2006) 40 Cal.4th 106, 113-119; People v. Wende, supra,25 Cal.3d at p. 441.)

DISPOSITION

The judgment is affirmed.

We concur: Ramirez, P.J., Gaut, J.


Summaries of

People v. Lang

California Court of Appeals, Fourth District, Second Division
Jun 9, 2008
No. E044471 (Cal. Ct. App. Jun. 9, 2008)
Case details for

People v. Lang

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. LARRY DARNELL LANG, Defendant and…

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

Date published: Jun 9, 2008

Citations

No. E044471 (Cal. Ct. App. Jun. 9, 2008)