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P. v. Easter

P. v. Easter
03:06:2008



P. v. Easter



Filed 2/26/08 P. v. Easter 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.



JAMES LOFTON EASTER,



Defendant and Appellant.



D051438



(Super. Ct. No. SCD205364)



APPEAL from a judgment of the Superior Court of San Diego County, David J. Danielsen, Judge. Affirmed.



James Lofton Easter entered a negotiated guilty plea to one count of selling cocaine (Health & Saf. Code,  11352, subd. (a)) and admitted he had a prior narcotics conviction within the meaning of Health and Safety Code section 11370.2, subdivision (a). The plea agreement provided the remaining counts and allegations of the information would be dismissed and Easter would receive a stipulated prison sentence of six years.



FACTS



On March 15, 2007, an undercover police officer asked Easter if he had $20 worth of rock cocaine. Easter had a brief discussion with his codefendant and then asked the officer for the money. After the officer gave two $10 prerecorded bills to Easter, he and his codefendant walked about 30 feet away. The codefendant took an off-white substance from his pants and gave it to Easter, who handed it to the officer. Both Easter and his codefendant were arrested.



It was stipulated at the preliminary hearing that the off-white substance was .17 grams of cocaine base, a useable amount.



DISCUSSION



Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court 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 Easter was properly sentenced in accordance with the plea agreement; (2) whether there was any sentencing error; and (3) whether the court security fee of $20 was properly imposed.



We granted Easter permission to file a brief on his own behalf. He has not responded.



A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellant's counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Easter on this appeal.



DISPOSITION



The judgment is affirmed.





HUFFMAN, J.



WE CONCUR:





McCONNELL, P. J.





IRION, J.





Description James Lofton Easter entered a negotiated guilty plea to one count of selling cocaine (Health & Saf. Code, 11352, subd. (a)) and admitted he had a prior narcotics conviction within the meaning of Health and Safety Code section 11370.2, subdivision (a). The plea agreement provided the remaining counts and allegations of the information would be dismissed and Easter would receive a stipulated prison sentence of six years.
The judgment is affirmed.

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