P. v. Buffington
Filed 9/13/07 P. v. Buffington CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
THE PEOPLE, Plaintiff and Respondent, v. FRANK BUFFINGTON III, Defendant and Appellant. | B195465 (Los Angeles County Super. Ct. No. NA070332) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Mark C. Kim, Judge. Affirmed.
John Doyle, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Frank Buffington III appeals from a judgment entered following his no contest plea to transporting a controlled substance, cocaine, in violation of Health and Safety Code section 11352, subdivision (a), and his admission that he suffered two prior convictions of a serious or violent felony within the meaning of the Three Strikes law, Penal Code sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i). Pursuant to the negotiated plea, one of the Strike priors was stricken and appellant was sentenced to prison for a total of eight years, composed of the middle term of four years doubled by reason of the remaining strike.
The evidence at the preliminary hearing established that on May 25, 2006, at approximately 10:00 p.m., Long Beach Police Officer Christopher Bolt was in the area of Pacific Coast Highway and Pacific Avenue in Long Beach and observed appellant and a codefendant sell rock cocaine to a confidential informant. Officer Bolts prerecorded $40 in cash, a large amount of currency, and two cell phones were found in appellants possession. Following his arrest, five more bindles of rock cocaine were found in appellants underwear. It was Officer Bolts opinion that the rock cocaine was possessed for purposes of sale.
After review of the record, appellants court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.
On July 2, 2007, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied that no arguable issues exist, and that appellant has, by virtue of counsels compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
MANELLA, J.
We concur:
WILLHITE, Acting P.J.
SUZUKAWA, J.
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