P. v. Lee
Filed 1/10/08 P. v. Lee CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(Butte)
----
THE PEOPLE, Plaintiff and Respondent, v. JOHN HENRY LEE, Defendant and Appellant. | C055530 (Super. Ct. No. CM026147) |
Defendant John Henry Lee entered a plea of no contest to possession of cocaine (Health & Saf. Code, 11350, subd. (a)), receiving stolen property as a misdemeanor (Pen. Code, 496, subd. (a)),[1]and misdemeanors of resisting a peace officer (id., 148, subd. (a)(1)) and providing false identification (id., 148.9, subd. (a)). Defendant waived his right to a jury trial, and the trial court found allegations true that he had served four prior prison terms (id., 667.5, subd. (b)) and had a prior strike conviction (id., 667, subds. (b)-(i), 1170.12, subds. (a)-(d)).
According to facts set forth in the probation report, the charges stemmed from an incident in which defendant attempted to sell a stolen cell phone back to its owner. When a sheriffs deputy approached him at a prearranged meeting place, defendant pulled free from the deputy and ran. After defendant was tazed to secure his compliance with being handcuffed, he was taken to a hospital, where he falsely identified himself to hospital staff. At the hospital, defendant was found to have a white chunk of cocaine clenched in his fist, and later at the jail, another baggie containing a white chunky substance was found in his sock.
In 1985, defendant was convicted of assault with a deadly weapon ( 245, subd. (a)(1)) with an enhancement for inflicting great bodily injury ( 12022.7). Defendants criminal record included prison commitments in 1985, 1996, 2002 and 2005, with repeated parole revocations between commitments.
The trial court denied defendants motion to strike the punishment for his prior strike conviction and sentenced defendant to a term of eight years in state prison, consisting of a middle term of two years for possession of cocaine doubled as a result of defendants strike conviction, plus four one-year consecutive terms for defendants four prior prison terms. Defendant received concurrent sentences on his misdemeanor convictions.
Defendant appealed.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and, pursuant to People v. Wende (1979) 25 Cal.3d 436, requesting the court to review the record and determine whether there are any arguable issues on appeal. Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.
We have undertaken an independent examination of the entire record and have found no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
BUTZ , J.
We concur:
DAVIS, Acting P.J.
RAYE , J.
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[1] Undesignated statutory references are to the Penal Code.
