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Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
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James Logan appeals from an order denying his motion to withdraw his plea under Penal Code section 1018.
On December 2, 2004 Logan was arrested following a hand-to-hand sale of rock cocaine to an undercover police officer. Several hundred dollars and additional rock cocaine were found on Logan's person following his arrest. Logan was charged by information with one count of selling cocaine base in violation of Health and Safety Code section 11352, subdivision (a), and one count of possession for sale of cocaine base in violation of Health and Safety Code section 11351.5. The information further alleged as to both counts that Logan had suffered two prior convictions for selling narcotics and one prior conviction for possession of narcotics for sale within the meaning of Health and Safety Code section 11370.2, subdivision (a) (enhanced punishment), and Penal Code section 1203.07, subdivision (a)(11) (ineligibility for probation or suspension of sentence), and that Logan had served five separate prison terms for felonies within the meaning of Penal Code section 667.5, subdivision (b).
On June 7, 2005, the date set for trial, the court declared a doubt as to Logan's mental competence under Penal Code section 1368. Criminal proceedings were suspended, and Logan was ordered examined by two court-appointed mental health experts. At a hearing on July 14, 2005 the court reviewed psychiatric evaluations prepared by Dr. Ronald Fairbanks and Dr. Ronald Markman, found Logan to be mentally incompetent to stand trial under Penal Code section 1368, committed Logan to the Department of Mental Health under Penal Code section 1370 and adjourned the proceedings. Logan's maximum period of confinement was calculated as 17 years 4 months. He was confined at PattonStateHospital for treatment.
Following a hearing on October 7, 2005 the court reviewed a progress report from PattonStateHospital, found Logan's mental competence to have been restored and ordered that criminal proceedings be resumed. At a pretrial conference on November 7, 2005 the defense requested that the court remand Logan to the Department of Mental Health because he was again mentally incompetent to stand trial. The court denied the request but ordered that Logan be reexamined by court-appointed mental health experts. After several continuances the court reviewed the January 19, 2006 psychiatric evaluations of Dr. Markman and Dr. Sanjay Sahgal, found Logan mentally competent to stand trial and ordered him to appear for trial on February 6, 2006. On that date Logan entered a negotiated plea of guilty to selling cocaine base in violation of Health and Safety Code section 11352, subdivision (a), and admitted he had suffered a prior conviction for selling narcotics within the meaning of Health and Safety Code section 11370.2, subdivision (a).
Pursuant to the plea agreement, Logan was sentenced to an aggregate state prison term of seven years, consisting of the four-year middle term for selling cocaine base, plus a three-year enhancement for the prior narcotics conviction. Logan received presentence custody credit of 648 days (432 actual days and 216 days of conduct credit). The court ordered Logan to pay a $20 security assessment and a $200 restitution fine. A parole revocation fine was imposed and suspended pursuant to Penal Code section 1202.45. The remaining charge and special allegations were dismissed on the People's motion.
On April 4, 2006 Logan's counsel filed a motion to withdraw Logan's guilty plea pursuant to Penal Code section 1018, on the ground Logan â€
Description
On December 2, 2004 Logan was arrested following a hand to hand sale of rock cocaine to an undercover police officer. Several hundred dollars and additional rock cocaine were found on Defendant's person following his arrest. Defendant was charged by information with one count of selling cocaine base in violation of Health and Safety Code section 11352, subdivision (a), and one count of possession for sale of cocaine base in violation of Health and Safety Code section 11351.5. The information further alleged as to both counts that Defendant had suffered two prior convictions for selling narcotics and one prior conviction for possession of narcotics for sale within the meaning of Health and Safety Code section 11370.2, subdivision (a) (enhanced punishment), and Penal Code section 1203.07, subdivision (a)(11) (ineligibility for probation or suspension of sentence), and that Logan had served five separate prison terms for felonies within the meaning of Penal Code section 667.5, subdivision (b).
Court have examined the entire record and are satisfied Defendant's attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (Nov. 27, 2006, S133114) ___ Cal.4th ___; People v. Wende (1979) 25 Cal.3d 436, 441.)
