P. v. Bell
After the court denied a motion for a mistrial, Terrill Anthony Bell entered negotiated guilty pleas to possession of a controlled substance for sale (Health & Saf. Code, 11351.5) and unlawful possession of body armor (Pen. Code, 12370, subd. (a)).[1] He admitted two prior strikes ( 667 subds. (b)-(i), 1170.12, 668) and serving a prior prison term ( 667.5 subd. (b), 668). He waived his right to a jury or court trial, the right to confront and cross examine witnesses, the right to subpoena witnesses, the right to present evidence, and the right to testify or remain silent, as to any sentencing factors that may be used to increase his sentence to the upper term. (See Blakely v. Washington (2004) 542 U.S. 296; Cunningham v. California (January 22. 2007) U.S., 2007 WL 135687.) The court struck one prior strike and the prior prison term enhancement and sentenced him to prison for 11 years and four months: double the five year upper term for possessing a controlled substance for sale with a prior strike with a consecutive 16 months for unlawfully possessing body armor with a prior strike (double one third the middle term). The court denied a certificate of probable cause. (Cal. Rules of Court, rule 8.304.) Court granted Bell 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 issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Bell on this appeal. The judgment is affirmed.
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