P. v. Mercer
Filed 2/1/13 P. v. Mercer CA4/1
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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.
JEFF COREY MERCER,
Defendant and Appellant.
D062053
(Super. Ct.
No. SCE309900)
APPEAL from
a judgment of the Superior Court
of
County, John M. Thompson, Judge. Affirmed.
was charged in count 1 with transport of a controlled substance in violation of
Health and Safety Code
name="_ftnref1" title="">[1] section 11379, subdivision (a), in that it was
alleged he unlawfully transported and offered to transport six grams of
methamphetamine; in count 2 with possession
for sale of a controlled substance in violation of section 11378, in that
it was alleged he unlawfully had in his possession six grams of methamphetamine
for sale; in count 3 with resisting an officer in violation of Penal Code
section 148, subdivision (a)(1); and in count 4 with wrong-way operation of a
bicycle in violation of Vehicle Code section 21650.1.
As to counts 1 and 2, it was alleged
that prior to the instant offenses Mercer was convicted of crimes in violation
of section 11378, within the meaning of section 11370.2, subdivision (c), and
was convicted of a crime in violation of section 11379, also within the meaning
of section 11370.2, subdivision (c). It
was further alleged that Mercer served a prior prison term within the meaning
of Penal Code section 667.5, subdivision (b).
At the
Mercer's motion to suppress evidence pursuant to Penal Code section
1538.5. About four months later, the
court denied Mercer's motion to reconsider his motion to suppress and found
upon independent review of the preliminary hearing transcript that the original
motion was properly denied.
In January
2012, Mercer pled guilty to all counts and allegations. The court subsequently sentenced Mercer to
five years in state prison.
DISCUSSION
Mercer's
appointed appellate counsel has filed a brief setting forth the underlying
facts and procedural history. Counsel
presents no argument for reversal but asks this court to review the record for
error in accordance with People v. Wende
(1979) 25 Cal.3d 436. Pursuant to Anders
v. California (1967) 386 U.S. 738, counsel refers to the following
possible, but not arguable, issues: (1)
Did the officers have sufficient cause to stop Mercer on his bicycle when he
was traveling the wrong way in traffic and detain him under the Fourth
Amendment to the United States Constitution?
(2) Were the officers' detention
and questioning of Mercer proper under the Fourth Amendment to the
Constitution? (3) Was the arrest of
Mercer—after he admitted to being in possession of marijuana within a
"couple [of] minutes" of being properly stopped by officers, and the
subsequent search of his person and bicycle, after he ran from officers while
he was being escorted to the front of their patrol car—proper under the Fourth
Amendment to the United States Constitution?
We
granted Mercer permission to file a brief on his behalf and he has done so,
which we have read and considered.
We
have examined the record pursuant to People v.
Wende, supra, 25 Cal.3d 436 and considered the
possible issues referred to by appointed counsel. We independently conclude there is no
reasonably arguable appellate issues
and further conclude Mercer has been represented by competent counsel in this
proceeding.
DISPOSITION
Mercer's judgment of conviction is
affirmed.
BENKE, Acting P. J.
WE CONCUR:
McINTYRE, J.
O'ROURKE, J.
name="_ftn1" title="">[1] All statutory references are to the
Health and Safety Code unless noted otherwise.
