P. v. Sharber
Marcus Dewayne Sharber appeals the judgment entered after he pleaded guilty to possessing cocaine for sale (Health & Saf. Code,[1] 11351). Pursuant to a negotiated disposition, the trial court sentenced him to two years in state prison. In exchange for appellants plea, counts charging possession of cocaine base for sale ( 11351.5) and possession of methamphetamine for sale ( 11378) were dismissed, along with allegations that he had suffered a prior drug-related conviction ( 11370.2, subd. (a)) and a prior strike conviction (Pen. Code, 667, subd. (e)(1), 1170.12, subd. (c)(1), 1192.7, subd. (c)(24)), and had served a prior prison term (Pen. Code, 667.5, subd. (b)). On August 14, 2008, Lompoc Police officers executed a search warrant at a motel room rented by appellants girlfriend. Appellant was not present at the time of the search. Methamphetamine, cocaine, cocaine base, as scale, packaging material, and cash were found inside the room. The officers also found mens clothing and receipts with appellants name on the men. Appellant was later arrested at a nearby restaurant.
After appellant filed a notice of appeal, the trial court granted his request for a certificate of probable cause to challenge his guilty plea on grounds of coercion and misrepresentation. Court subsequently appointed counsel to represent appellant in this appeal. After counsels examination of the record, he filed an opening brief in which no issues were raised.
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