P. v. Bartlett
Filed 4/13/07 P. v. Bartlett CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, Plaintiff and Respondent, v. KURT A. BARTLETT, Defendant and Appellant. | D049108 (Super. Ct. Nos. SCD192299, SCD194543) |
APPEAL from a judgment of the Superior Court of San Diego County, Richard J. Hanscom, Judge. Affirmed.
On October 4, 2005, Kurt A. Bartlett entered a negotiated guilty plea to possessing a controlled substance in San Diego Superior Court case No. SCD192299 (hereafter SCD192299). (Health & Saf. Code, 11377, subd. (a).) The court deferred entry of judgment and ordered him to enroll in a drug rehabilitation program. (Pen. Code, 1000, et. seq.) On October 24 Bartlett was arrested for possessing drugs and paraphernalia. The court remanded him to custody. On December 15, 2005, Bartlett entered a negotiated guilty plea to possessing a controlled substance in San Diego County Superior Court case No. SCD194543 (hereafter SCD194543). On February 14, 2006, the court placed him on three years' probation in both cases, including a condition he serve 365 days in custody that the court stayed pending drug treatment. On May 2 Bartlett entered a guilty plea in San Diego County Superior Court case No. SCD198310 to possessing marijuana for sale (Health & Saf. Code, 11359) and admitted violating a probation condition in SCD192299 and SCD194543. On May 31 the court revoked and reinstated probation in SCD192299 and SCD194543 subject to conditions he serve consecutive terms of 365 days in custody in those cases. The record does not include a certificate of probable cause. (Cal. Rules of Court, rule 8.304(b).)
FACTS
On July 10, 2005, San Diego police officers found 3.81 grams of methamphetamine, 22.74 grams of marijuana, a Japanese throwing star, and scales in a motel room registered to Bartlett (SCD192299). On October 24, 2005, San Diego police officers found .36 grams of methamphetamine, 434.2 grams of marijuana, one tablet of oxycodone, numchukas, and drug paraphernalia in a motel room registered to Bartlett (SCD194543). Because Bartlett entered guilty pleas, he cannot challenge the facts underlying the convictions. (Pen. Code, 1237.5; People v. Martin (1973) 9 Cal.3d 687, 693.) We need not recite the facts in greater detail.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende(1979) 25 Cal.3d 436.
We granted Bartlett permission to file a brief on his own behalf. He has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California (1967) 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Bartlett on this appeal.
DISPOSITION
The judgment is affirmed.
McDONALD, J.
WE CONCUR:
HALLER, Acting P. J.
O'ROURKE, J.
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