P. v. Alee
Filed 6/7/06 P. v. Alee CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
| THE PEOPLE, Plaintiff and Respondent, v. PATRICK W. ALEE, Defendant and Appellant. | D047575 (Super. Ct. Nos. SCD191363, SCD170402) |
APPEAL from a judgment of the Superior Court of San Diego County, John L. Davidson, Judge. Affirmed.
In superior court case No. SCD170402, on January 14, 2003, a jury convicted Patrick W. Alee of possessing a controlled substance and possessing narcotics paraphernalia. (Health & Saf. Code, §§ 11352, subd. (a), 11364.) The court suspended imposition of sentence and placed him on probation for three years, including drug treatment and conditions he not use or possess a controlled substance. (Pen. Code, § 1210.) In July 2003, the court found him unamenable to drug treatment and revoked probation but in November reinstated probation (Pen. Code, § 1210). In January, February, July, August and December 2004, the court revoked and reinstated probation. In June 2005, it revoked probation, and in October, it sentenced Alee to prison for the two-year middle term for possessing a controlled substance. The court did not orally refer to the conviction of possessing narcotics paraphernalia, but the abstract of judgment reflects imposition of the two-year middle term on that offense concurrent with the sentence on possessing a controlled substance.
In superior court case No. SCD191363, in June 2005, the People filed an information charging Alee with possessing a controlled substance and possessing narcotics paraphernalia. On July 20, Alee filed a handwritten letter to the court moving to suppress the evidence. (Pen. Code, § 1538.5.) On July 22, the court authorized Alee to replace the public defender and represent himself. On September 12, Alee entered guilty pleas to possessing a controlled substance and possessing narcotics paraphernalia. The court sentenced him to prison for the two-year middle term for the crimes concurrent with sentence in case No. SCD170402. The court denied a certificate of probable cause. (Cal. Rules of Court, rule 30(b).)
DISCUSSION
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. 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. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as a possible but not arguable issue whether the trial court erred in failing to hear and rule on Alee's motion to suppress evidence.[1]
We granted Alee permission to file a brief on his own behalf. He has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issue referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Alee on this appeal.
DISPOSITION
The judgment is affirmed.
BENKE, Acting P. J.
WE CONCUR:
NARES, J.
O'ROURKE, J.
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[1] Because Alee entered a guilty plea, he cannot challenge the facts underlying the conviction. (Pen. Code, § 1237.5; People v. Martin (1973) 9 Cal.3d 687, 693.) We need not recite the facts.
