P. v. Allen
Filed 6/7/06 P. v. Allen 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. LARRY ALLEN, Defendant and Appellant. | D047644 (Super. Ct. No. SCD190171) |
APPEAL from a judgment of the Superior Court of San Diego County, David J. Danielsen, Judge. Affirmed.
Larry Allen entered a negotiated guilty plea to selling a controlled substance (Health & Saf. Code, § 11352, subd. (a)) and admitted having suffered two prior strikes (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, 668) and having served two prior prison terms (§§ 667.5, subd. (b), 668). The court struck one of the prior strikes and both prior prison term enhancements and sentenced Allen to prison for a term of six years: double the three-year lower term for selling a controlled substance with a prior strike.[1] The court denied a certificate of probable cause. (Cal. Rules of Court, rule 30(b).)
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. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as a possible, but not arguable, issue whether the trial court abused its discretion in not striking the second strike. We granted Allen 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 issue referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Allen on this appeal.
DISPOSITION
The judgment is affirmed.
AARON, J.
WE CONCUR:
HUFFMAN, Acting P. J.
O'ROURKE, J.
Publication Courtesy of California attorney referral.
Analysis and review provided by Vista Apartment Manager Lawyers.
[1] Because Allen entered a guilty plea, he cannot challenge the facts underlying the conviction. (Pen. Code, § 1237.5; People v. Martin (1973) 9 Cal.3d 687, 693.) We need not recite the facts.
