P. v. Edwards
Filed 5/10/07 P. v. Edwards CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION SIX
THE PEOPLE, Plaintiff and Respondent, v. KENNETH LAMONT EDWARDS, Defendant and Appellant. | 2d Crim. No. B192368 (Super. Ct. No. 2006010119) (Ventura County) |
Kenneth Lamont Edwards appeals a judgment entered following his guilty plea to one count of selling cocaine, with admissions that he suffered a prior felony strike conviction and served a prior prison term. (Health & Saf. Code, 11352, subd. (a); Pen. Code, 667, subds. (b)-(d), 1170.12, subds. (a)-(d), & 667.5, subd. (b).) We appointed counsel to represent him in this appeal. After counsel's examination of the record, he filed an opening brief raising no issues. (People v. Wende (1979) 25 Cal.3d 436, 441.)
On January 24, 2007, we advised Edwards that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have received a response from him contending that the trial court would have decided his motion to strike the prior felony conviction differently if it had known of his past attempts at drug rehabilitation. (People v. Superior Court(Romero) (1997) 13 Cal.4th 497.) Pursuant to People v. Kelly (2006) 40 Cal.4th 106, 123-124, we present a factual and procedural summary of the case, and a brief discussion of Edwards's contention.
FACTS AND PROCEDURAL HISTORY
The prosecutor charged Edwards with three counts of selling or transporting cocaine, and alleged that he suffered a prior felony strike conviction in 1987, and served a prior prison term. (Health & Saf. Code, 11352, subd. (a); Pen. Code, 667, subds. (b)-(d), 1170.12, subds. (a)-(d), & 667.5, subd. (b).) Edwards received advice of and waived his constitutional rights. He then pleaded guilty to one count of selling cocaine and admitted the prior felony conviction and prison term allegations.
Prior to sentencing, Edwards filed a motion pursuant to People v. Superior Court (Romero), supra, 13 Cal.4th 497. Among other things, he asserted that he suffered from longstanding drug addiction and his prior felony conviction occurred 19 years ago. The trial court denied Edwards's motion to strike the felony conviction in part because the probation report did not indicate that Edwards had sought drug rehabilitation treatment until recently. The trial court also stated that "the most fatal" of entries in the probation report indicates that in 2001, the trial court struck the 1987 felony conviction when sentencing Edwards for an earlier drug offense.
The trial court then sentenced Edwards to a low-term sentence of six years. It struck the prior prison term allegation and dismissed the remaining counts. The court also imposed a $200 restitution fine and a $200 stayed parole revocation restitution fine. (Pen. Code, 1202.4, subd. (b) & 1202.45.) It awarded Edwards 138 days of custody and conduct credits.
DISCUSSION
Edwards has not established that the trial court would have decided the Romero motion differently had it known that he had submitted to residential drug treatment programs. The trial court stated at sentencing that its decision rested in significant part upon Edwards's continued recidivism despite the trial court having struck the prior felony conviction in 2001 in another case.
We have reviewed the entire record and are satisfied that Edwards's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende, supra, 25 Cal.3d at p. 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
GILBERT, P.J.
We concur:
YEGAN, J.
COFFEE, J.
Barry B. Klopfer, Judge
Superior Court County of Ventura
______________________________
California Appellate Project, Jonathan B. Steiner, Executive Director, and Richard B. Lennon, Staff Attorney, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
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