P. v. Deweaver
Filed 8/3/07 P. v. Deweaver CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SIXTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. AYEBAWANEMI INATIMI DEWEAVER, Defendant and Appellant. | H030846 (Santa Clara County Super. Ct. No. cc638632) |
Defendant Ayebawanemi Inatimi Deweaver appeals from a judgment of conviction entered after he pleaded no contest to possession of cocaine base (Health & Saf. Code, 11350, subd. (a)). The trial court sentenced him to 16 months in state prison. We affirm the judgment.
I. Statement of Facts
At approximately 9 p.m. on August 9, 2006, Officers ONeill and Donohue were conducting surveillance of the downtown area of San Jose. After observing defendant and Danielle S., the officers arrested them for loitering with the intent to sell or purchase narcotics. When they searched defendant, they found a bindle containing four rocks of cocaine base, a Nokia cell phone, and $94 in cash.
After defendant entered his plea of no contest pursuant to a negotiated agreement, he brought a motion for the return of the Nokia cell phone and the money. The trial court denied the motion.
II. Discussion
Appointed appellate counsel has filed an opening brief that states the case and the facts, but raises no issues. Though defendant was notified of his right to submit written argument on his own behalf, he has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
III. Disposition
The judgment is affirmed.
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Mihara, Acting P.J.
WE CONCUR:
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McAdams, J.
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Duffy, J.
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