P. v. Lombardo

Filed 1/23/07  P. v. Lombardo CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

            APPEAL from the Superior Court of San Bernardino County.  Katrina West, Judge.  Affirmed.

            ORIGINAL PROCEEDING; petition for writ of habeas corpus.  Petition denied.

            James R. Bostwick, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Rhonda L. Cartwright-Ladendorf, Supervising Deputy Attorney General, and Kristen K. Chenelia, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION

            Defendant and appellant Christopher David Lombardo appeals after he pleaded guilty to one count of possession of methamphetamine for sale (Health & Saf. Code, § 11378).  Defendant has also filed a petition for writ of habeas corpus alleging that his guilty plea was coerced.  This court has ordered the habeas petition to be considered together with this appeal for the sole purpose of determining whether an order to show cause should issue.

            Counsel on appeal has filed a brief pursuant to Anders v. State of California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] and People v. Wende (1979) 25 Cal.3d 436, finding no arguable issues on appeal and requesting this court to conduct an independent examination of the record.

FACTS AND PROCEDURAL HISTORY

            On January 17, 2006, San Bernardino County Sheriff's officers searched defendant's residence pursuant to a search warrant.  They found 2.9 grams of methamphetamine inside a leather knife case in a bedroom.  They also found some nine-millimeter or .44-caliber ammunition in a pot in the tool shed.  After being advised of his constitutional rights, defendant repeatedly stated that the methamphetamine was for his own personal use.

            A felony complaint was filed on January 19, 2006, alleging one count of possession of methamphetamine for sale (Health & Saf. Code, § 11378) and one count of unlawful possession of ammunition (Pen. Code, § 12316, subd. (b)(1)).  Defendant appeared in custody for arraignment on January 20, 2006.  Defendant pleaded not guilty and the court set bail at $20,000.

            On January 26, 2006, six days after his arraignment, defendant appeared in court to change his plea.  Pursuant to a plea bargain, defendant was permitted to plead guilty to count 1; count 2 was to be dismissed at the time of sentencing.  Defendant completed a waiver of rights form, initialing his understanding of his rights, stating that he knowingly waived his rights, and acknowledging that he was not under the influence of any substance which impaired his ability to understand what he was doing, that no one had coerced his plea, and that he freely and voluntarily decided to plead guilty.  Among other provisions on defendant's waiver form were â€