Filed 12/22/05 P. v. Hendrix CA2/8

 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

 

 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

SECOND APPELLATE DISTRICT

 

DIVISION EIGHT

 

 

THE PEOPLE,   Plaintiff and Respondent,   v.   JEROME HENDRIX,   Defendant and Appellant.

B181738   (Los Angeles County Super. Ct. No. BA273280)

 

 

APPEAL from a judgment of the Superior Court of Los Angeles County.

Anne H. Egerton, Judge. Affirmed.

 

 

Daniel C. Tepstein, under appointment by the Court of Appeal, for Defendant and Appellant.

 

No appearance for Plaintiff and Respondent.

 

 

 

 

Appellant was charged by the Los Angeles County District Attorney in an information, filed on November 22, 2003, with two felony counts of selling cocaine base (Health & Saf. Code^[1] § 11352, subd. (a)) (Counts 1 and 2), and one misdemeanor count for possession of marijuana (§ 11357, subd. (b)) (Count 3) It was further alleged that, as to the first two counts, convictions were entered against appellant in two prior actions under section 11357 (Super. Ct. case No. SA 043338) and Penal Code section 236 (Super. Ct. case No. BA238414).

In this case, the police set up an observation post and were watching activity in an area known for its narcotic activity. Appellant was approached by an individual and, after a short conversation, seen to take currency in exchange for an item later determined to be rock cocaine. The other individual in the transaction was stopped by police and a rock of cocaine was recovered from his person. Shortly thereafter, the police observed one additional transaction similar to above. Appellant was approached and placed under arrest. The police recovered $78 and a bag containing marijuana from his person.

The case was presented to a jury and the jury found appellant guilty on Counts 1 and 2, as charged in the information. Appellant pled no contest to Count 3 of the information; the trial court accepted his plea and found him guilty on that count. After reading of the jury's verdict, appellant agreed to a court trial on the truth of his prior convictions.

On February 4, 2005, the trial court found true both prior conviction allegations and that those prior convictions were appellant's, based upon documentary evidence.

The trial court sentenced appellant to a prison term of five years; midterm of four years on Counts 1 and 2 to be served concurrently, and a one-year enhancement pursuant to Penal Code section 667.5, subd. (b), to be served consecutively. The trial court stayed a three-year term under section 11370.2, subd. (a), pursuant to Penal Code section 654. On Count 3, the trial court denied probation and suspended a $100 fine. The trial court ordered appellant to pay a restitution fine of $200 under Penal Code section 1202.4 and a $50 lab fee pursuant to section 11372.5. Appellant was awarded 159 days of actual time and conduct credits.

Appellant filed a timely notice of appeal.

We appointed counsel to represent defendant on appeal. On August 22, 2005, appointed counsel filed a brief in which no issues are raised. (People v. Wende (1979) 25 Cal.3d 436, 441-442.) On August 22, 2005, we requested appellate counsel to send the record on the appeal and a copy of appellant's opening brief to appellant and to advise him that he had 30 days from August 22, 2005, within which to submit by brief or letter any grounds of appeal, contentions, or argument he wished this court to consider. As of today's date, we have received no reply from appellant.

We have examined the entire record and are satisfied that appellant's attorney has fully complied with the responsibilities of counsel and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284; People v. Wende, supra, 25 Cal.3d 436, 441.)

 

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

 

 

COOPER, P.J.

 

 

We concur:

 

RUBIN, J.

 

 

BOLAND, J.

 

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