P. v. Norman

Filed 5/30/06  P. v. Norman CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

            APPEAL from the Superior Court of Riverside County.  W. Charles Morgan, Judge.  Affirmed.

            Ray Keramati, under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Pamela Ratner Sobeck, Supervising Deputy Attorney General, and David Delgado-Rucci, Deputy Attorney General.

            A jury convicted defendant and appellant Tab Russel Norman (defendant) of one count of possession of cocaine base under Health and Safety Code, section 11350, subdivision (a).  Defendant admitted having four prior prison term convictions under Penal Code^[1] section 667.5, subdivision (b), and one prior strike conviction under sections 667 and 1170.12.  The trial court sentenced defendant to six years in state prison.  Defendant's sole contention on appeal is that he received ineffective assistance of counsel (IAC) because his trial counsel, in closing argument, conceded that defendant had possession and knowledge of a controlled substance.  We reject defendant's contention and affirm the judgment.

I

FACTUAL AND PROCEDURAL HISTORY

            On January 23, 2004, deputy sheriffs were conducting a â€