P. v. Pinero
Filed 5/26/06 P. v. Pinero CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, Plaintiff and Respondent, v. ANTONIO PINERO, Defendant and Appellant. | A111075 (San Francisco County Super. Ct. No. 194134) |
I. INTRODUCTION
After a several-day jury trial, appellant was convicted of one count of violating Health and Safety Code section 11352, subdivision (a),[1] by selling cocaine base. After the court struck two prior felony convictions in the interest of justice, it sentenced him to the mid-term of four years on the single count on which he was convicted. Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), appellant asks that we examine the record in the court below and determine if there are any issues requiring further briefing. We have done so, find none, and hence affirm the judgment.
II. FACTUAL AND PROCEDURAL BACKGROUND
On November 21, 2004, Officer Hector Basurto was working as an undercover officer in San Francisco's Tenderloin District. More specifically, he was watching (with binoculars) goings-on outside the Cinnabar Bar, a bar located near the corner of Ellis and Jones Streets regarding which there had been complaints about drug sales. At around 9:30 p.m., Basurto saw appellant emerge from the Cinnabar smoking a cigarette. Appellant then returned into the bar, but soon came out again, this time looking in all directions. He was soon approached by another man, later identified as Mose Ahsoon.
The two stood together for a moment, and then walked in the direction of a nearby grocery store. At that point, appellant spit something into his hand and showed it to Ahsoon, who examined it and then reached into his pocket and appeared to give appellant some money in exchange for the items in appellant's hand.
Basurto notified fellow Officer Ybaretta about the transaction he had just witnessed; Ybaretta stopped Ahsoon on the street and asked him where the dope was. Ahsoon spit out two â€
