P. v. Clemons
Filed 1/30/07 P. v. Clemons CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, Plaintiff and Respondent, v. DEBRA L. CLEMONS, Defendant and Appellant. | D048489 (Super. Ct. Nos. SCD181682, SCD185542) |
APPEAL from judgments of the Superior Court of San Diego County, Stephanie Sontag, Judge. Affirmed.
In Superior Court of San Diego County case No. SCD181682 (SCD181682), on April 15, 2004, Debra L. Clemons entered a negotiated guilty plea to possessing a controlled substance. (Health & Saf. Code, 11350, subd. (a).) The court suspended imposition of sentence and placed Clemons on probation for three years, including a condition she participate in a drug rehabilitation program (Pen. Code, 1210) and obey all laws. In Superior Court of San Diego County case No. SCD185542 (SCD185542), on November 3, Clemons entered negotiated guilty pleas to possessing a controlled substance and exhibiting a deadly weapon, a syringe. (Pen. Code, 417, subd. (a)(1).) On December 6, the court suspended imposition of sentence and placed Clemons on probation for three years. On August 9, 2005, Clemons admitted violating probation in SCD185542 by failing to register for a drug rehabilitation program. The court reinstated probation. On November 10, the court summarily revoked probation in SCD181682 and SCD185542 for failure of Clemons to participate in a drug rehabilitation program. On January 10, 2006, the court ordered a mental competency hearing. On February 10, the court found Clemons competent. On February 21 the court denied a motion to substitute Clemons's trial counsel. (People v. Marsden (1970) 2 Cal.3d 118.) On March 14, Clemons admitted violating the conditions of probation. The court revoked probation in both cases. It sentenced Clemons to serve the two -year middle term in SCD185542 for possessing a controlled substance with a concurrent term for exhibiting a deadly weapon and a consecutive term of eight months for possessing a controlled substance in SCD181682 (one-third the middle term). The court issued a certificate of probable cause. (Cal. Rules of Court, rule 8.304(b), former rule 30(b).)
FACTS
Viewing the record in the light most favorable to the judgment below (People v. Johnson (1980) 26 Cal.3d 557, 576), the following occurred. In SCD181682, on April 2, 2004, Clemons was found at the airport with a glass pipe, .17 grams of cocaine base and .02 grams of tar heroin. In SCD185542, on September 11, Clemons was found with .18 grams of cocaine base and a syringe. When contacted by a security guard, she pointed the syringe at the guard. Because Clemons entered guilty pleas, she 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. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether Clemons's trial counsel provided effective assistance; (2) whether the trial court was required to impose concurrent terms in the two cases; and (3) whether the trial court erred in imposing presentence credit for time served.
We granted Clemons permission to file a brief on her own behalf. She 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, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Clemons on this appeal.
DISPOSITION
The judgments are affirmed.
BENKE, Acting P. J.
WE CONCUR:
HUFFMAN, J.
AARON, J.
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