P. v. Walls
Filed 4/4/06 P. v. Walls CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Respondent, v. RON WALLS, Defendant and Appellant. | A112218 (Alameda County Super. Ct. No. 147743) |
After pleading guilty to sale of cocaine base in violation of Health and Safety Code section 11352 and admitting an enhancement under Health and Safety Code section 11370.2, defendant was placed on five years probation on August 26, 2004.[1] On August 22, 2005, a petition to revoke probation was filed based on his having committed a violation of Penal Code section 487, theft from a person. After a contested hearing, the court found him in violation of his probation, denied his request for reinstatement of probation, and sentenced him to the upper term of five years for the sale of cocaine base and a consecutive three-year term for the prior narcotics conviction enhancement. Custody credits and restitution fines were determined. Defendant filed a timely appeal.
Defendant's counsel has filed an opening brief that raises no issues and asks this court for an independent review under People v. Wende (1979) 25 Cal.3d 436. We have carefully reviewed the record on appeal, defendant's supplemental letter briefs of February 13, 2006, March 16, 2006 (filed March 20, 2006), and his request for appointment of a different counsel for appeal. We find there are no meritorious issues to be argued or briefed and affirm the judgment.
Discussion
At the contested revocation hearing, Oakland Police Officer John Koster testified that on August 18, 2005, at 1:00 a.m. in an area of drug activity and robberies, he was acting as a decoy in regular clothes and had an open beer can and two marked $5 bills in his left hand. He sat on a bench and pretended to be extremely drunk. Defendant sat close to him and asked him what he was doing. Koster mumbled a response and pretended to be passing out. Defendant tried to pull the bills out of Koster's hand. Koster held on until defendant â€
