P. v. Vela

Filed 2/21/07  P. v. Vela CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.

THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

            Lawrence Vela was sentenced to probation after pleading no contest to several drug-related offenses.  On appeal, Vela's court-appointed counsel has briefed no issues and asks this court to review the record as required by People v. Wende (1979) 25 Cal.3d 436.  We have done so, and finding no issues that merit briefing, affirm the judgment.

            On June 21, 2005, an Antioch police officer observed a vehicle driven by Vela roll through an intersection without stopping at a stop sign.  The officer then saw the vehicle turn without signaling.  The officer activated his emergency lights and pulled over Vela for the observed traffic violations.  When the officer approached the vehicle and spoke to Vela, he noticed that Vela was very nervous, spoke rapidly, and was unable to sit still in his vehicle.  Vela, who had a dry mouth and lips, was sweating excessively, despite the fact the vehicle's air conditioner was running.  The officer determined that Vela's behavior was consistent with someone under the influence of a controlled stimulant, such as methamphetamine.  He performed several tests to assess whether Vela was under the influence of a controlled substance.  He checked Vela's pulse on two occasions and determined it was elevated above the range for a normal person.  He also performed a â€