P. v. Hanna
Filed 10/11/07 P. v. Hanna CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. BEN RAY HANNA II, Defendant and Appellant. | F052151 (Super. Ct. No. BF115667A) O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Lee P. Felice, Judge.
Gregory Marshall, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
-ooOoo-
On August 4, 2006, at approximately 5:00 p.m., appellant, Ben Ray Hanna, was stopped by Kern County sheriffs deputies for a traffic violation. Hanna was unable to provide the deputies with a license number or the vehicles registration. A record check disclosed he was driving with a suspended license and on parole. The deputies searched Hanna and found 8.2 grams of methamphetamine in his sock. In his car, they found two zip-lock baggies containing several smaller baggies.
On August 22, 2006, the district attorney filed an information charging Hanna with transportation of methamphetamine (count 1/Health & Saf. Code, 11379, subd. (a)), possession of methamphetamine (count 2/Health & Saf. Code, 11377, subd. (a)), driving on a suspended license (count 3/Veh. Code, 12500, subd. (a)), having an unregistered vehicle (count 4/Veh. Code 4000, subd. (a)), three prior prison term enhancements (Pen. Code, 667.5, subd. (b)), and an allegation that he had a prior conviction within the meaning of the three strikes law (Pen. Code, 667, subds. (b)-(i)).
On October 20, 2006, Hanna pled no contest to transportation of cocaine and admitted the prior conviction allegation in exchange for a lid of four years and dismissal of the remaining counts and enhancements.
On November 29, 2006, defense counsel filed a Romero motion asking the court to strike the prior conviction allegation.[1]
On December 7, 2006, the court denied the motion and sentenced Hanna to a four-year term, the lower term of two years doubled to four years because of Hannas prior strike conviction.
Hannas appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Hanna has not responded to this courts invitation to submit additional briefing.
Following independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.
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*Before Vartabedian, Acting P.J., Harris, J., and Levy, J.
[1] (People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
