P. v. Mamaril
Between January 1 and October 22, 2005, defendant conspired to distribute and sell methamphetamine. On October 5, 2005, in furtherance of the conspiracy, defendant received a phone call from a woman "for the purpose of delivering methamphetamine." Defendant told the woman "he would not be delivering that methamphetamine" because there was "too much Sheriff's activity in the area." Defendant had previously been convicted, in December 1989, of robbery.
Defendant pleaded no contest to conspiracy to sell or distribute methamphetamine (Pen. Code, S 182, subd. (a)(1); Health & Saf. Code, S 11379, subd. (a)) and admitted a prior juvenile conviction for robbery (Pen. Code, S 211) within the meaning of the three strikes law (id., SS 1170.12, 667, subds. (b)_(i)) in exchange for a stipulated sentence of six years in state prison.
Defendant was sentenced in accordance with his plea agreement to six years in prison, consisting of the middle term of three years, doubled for the strike, with credit for 354 days (236 actual days and 118 good conduct days). The trial court also imposed a $1,200 restitution fine (S 1202.4, subd. (b)) and stayed a $1,200 parole revocation fine ( S 1202.45) and ordered defendant to provide DNA samples (S 296). Defendant appealed.
Having undertaken an examination of the entire record, court find no arguable error that would result in a disposition more favorable to defendant. (People v. Wende (1979) 25 Cal.3d 436.)
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