P. v. Carr
Filed 1/8/13 P.
v. Carr CA2/5
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 This opinion has not been
certified for publication or ordered published for purposes of rule 8.1115
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
THE PEOPLE,
Plaintiff and Respondent,
v.
CLIFTON ROCHELLE
CARR,
Defendant and Appellant.
B240447
(Los Angeles County Super. Ct.
No. MA055050)
APPEAL
from a judgment of the Superior Court of
County, Hayden Zacky, Judge.
Affirmed.
Linda
Lydia Gordon, under appointment by the Court of Appeal, for Defendant and
Appellant.
No
appearance for Plaintiff and Respondent.
______________________________
Defendant and appellant Clifton
Rochelle Carr was convicted by jury of possession of cocaine base for the
purpose of sale, in violation of Health and Safety Code section 11351.5. The trial court sentenced defendant to the
upper term of five years to be served in county jail, with custody and conduct
credits totaling 180 days.
Defendant
filed a timely notice of appeal. This
court appointed counsel to represent defendant on appeal. Appointed counsel filed a brief raising no
issues but requesting this court to independently review the record for
arguable appellate contentions pursuant to
436. Defendant was advised by letter
from this court of his right to file a supplemental brief within 30 days. The 30-day period has elapsed, and no
from defendant.
We
have completed our independent review
of the record and find no arguable issues.
Procedurally, the trial court granted defendant’s request for
self-representation, after taking a full and complete waiver of the right to
counsel. Based on defendant’s refusal to
exit his cell at county jail requiring an extraction order and earlier conduct
transgressions, the court rescinded self-representation and counsel was duly
appointed. An affidavit of prejudice
filed by defense counsel under Code of Civil Procedure section 170.6 was
honored. All necessary procedures were
followed at trial.
Defendant’s
conviction is supported by substantial
evidence. He was arrested after
being found shirtless, on a cold January afternoon, exhibiting symptoms of
cocaine intoxication. Nine rocks of
cocaine base with an estimated net weight of 1.98 grams, individually wrapped
in cellophane, were recovered from defendant’s pants pocket at the sheriff’s
station. Defendant possessed
approximated $200 in $20 bills. A duly
qualified expert opined the substance was possessed for the purpose of sale,
based on the number of rocks of cocaine base and the $20 bills defendant
possessed.
The
sentence imposed was within the range of punishment for a violation of Health
and Safety Code section 11351.5. The
upper term sentence was justified by defendant’s prior record, which included
four prior grants of Proposition 36 probation.
The
judgment is affirmed. (
259.)
KRIEGLER,
J.
We concur:
ARMSTRONG,
Acting P. J.
MOSK,
J.
