P. v. Neal
Filed 4/3/08 P. v. Neal CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR
THE PEOPLE, Plaintiff and Respondent, v. ERIC NEAL, Defendant and Appellant. | B200955 (Los Angeles County Super. Ct. No. NA073103) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Charles D. Sheldon, Judge. Affirmed.
Robert H. Pourvali, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Respondent.
Eric Neal appeals from the judgment entered following a jury trial in which he was convicted of possession of a firearm by a felon, count 2 (Pen. Code, 12021, subd. (a)(1)), and possession of ammunition by a felon, count 3 (Pen. Code, 12316, subd. (b)(1)).[1] He admitted that in case number NA030230 he was convicted of violating Penal Code section 487h, subdivision (a) on February 27, 1997; in case number NA059335, of violating Penal Code section 472, a felony, on January 14, 2004; and of violating Penal Code section 476, a felony, in case number TA078752 on July 15, 2005. He also admitted that he suffered a prior conviction and served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). He was sentenced to prison for a total of two years and four months, consisting of the low term of one year and four months for count 2 and one year for his previous prison term. Sentence on count 2 was ordered stayed pursuant to Penal Code section 654.
Appellants peremptory challenge pursuant to Code of Civil Procedure section 170.6 was denied as untimely.
On January 18, 2007, at approximately 1:30 a.m., Long Beach Police Officer Robert Nevel, assigned to the air support unit, was in a helicopter on routine patrol in the North Long Beach area. On Adams Street near Butler Avenue, Officer Nevel observed a light-colored Mustang driving at a high rate of speed. The vehicle accelerated, then suddenly slowed down and then accelerated again. At the end of the street it turned around, drove slowly and stopped in front of a residence. An individual exited the residence, walked over to the right front passenger window and leaned into the window. After a short while, the individual walked away from the vehicle and the vehicle drove off, turning off its headlights. The driver of the vehicle drove to an address near Bort Street, exited the vehicle and then jumped over a fence, looking back and forth as though he was checking to see if someone saw him jump over the fence. The individual then entered a pedestrian door into a garage.
Long Beach Police Officer Jorge Grajeda was dispatched to assist Officer Nevel and found the Mustang automobile parked in the driveway of the residence at 280 East Bort. Officer Grajeda knocked on the front door of the residence and spoke to Dorothy Neal. She indicated no one was supposed to be in the backyard or the garage and gave the officer permission to go into the backyard. She did not know anyone who drove a Mustang. Officer Grajeda and additional officers then went into the backyard, searching for the suspect. The officers knocked on the garage, announced their presence and asked anyone who was there to come outside. Appellant exited the garage and was ordered to lie on his stomach. As he did so, a large wad of money fell out of his pocket. As Officer Grajeda looked through the money, ink from the money rubbed off on his fingers. Officer Grajeda also noticed that the bills did not have some of the security markings found on currency.
Long Beach Police Officer Gary Hodgson searched the yard and garage for other suspects and found no one else. When he looked through the window of the Mustang, he saw an opened brown paper back sitting on top of a black baseball cap. Inside the brown paper bag, he saw a small plastic bag with what appeared to be ammunition. From inside the bag, the officer also recovered a loaded silver handgun wrapped in a blue bandana.
After review of the record, appellants court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.
On November 26, 2007, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied that no arguable issues exist, and that appellant has, by virtue of counsels compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th106, 112-113.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
EPSTEIN, P. J.
We concur:
WILLHITE, J.
SUZUKAWA, J.
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[1] The jury was unable to reach a verdict on count 1, forgery, in violation of Penal Code section 476 and a mistrial was declared on that count. Ultimately, the prosecution moved to dismiss this count based on appellants agreement to withdraw the issue of the denial of his peremptory challenge which was pending in this court.
