P. v. Price
Filed 3/11/13 P. v. Price CA2/5
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>NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
FIVE
THE PEOPLE,
Plaintiff and Respondent,
v.
LOUIS RUDOLPH PRICE, JR.,
Defendant and Appellant.
B240192
(Los Angeles
County
Super. Ct.
No. BA386962)
APPEAL from
a judgment of the Superior Court
of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">Los Angeles
County.
Drew E. Edwards, Judge.
Affirmed.
Raymond M.
DiGuiseppe, under appointment by the Court of Appeal, for Defendant and
Appellant.
No
appearance for Plaintiff and Respondent.
_______________
After jury trial, defendant and appellant Louis Rudolph
Price, Jr., was convicted of two counts of possession
of a controlled substance. (Health
& Saf. Code, § 11350.) In a
bifurcated proceeding, the court found true an allegation that appellant had
suffered a prior "strike" conviction (Pen. Code, §§ 667, subds.
(b)-(i), 1170.12, subds. (a)-(d)) and three allegations that appellant had
served a prior prison term. (Pen. Code,
§ 667.5, subd. (b).) He was sentenced to
a total of 7 years in state prison.
The
evidence at trial was as follows:
Los Angeles
Police Officer Jesus Toris was patrolling the area around San
Julian Street in downtown Los
Angeles, an area known for sale and consumption of
cocaine base. He saw appellant approach
a woman, engage in a conversation with her, accept money from her, then take
out a piece of plastic wrap and hand her a substance which appeared to be
cocaine base. She put it in her mouth
and left. Seven to ten minutes later,
after attempting to find and detain the woman, Officer Toris observed appellant
engage in a similar transaction with a man.
Officer Toris attempted to find and detain the man. He could not find the man, and so approached
appellant, who dropped plastic wrap containing cocaine base on the
sidewalk. Testing later confirmed that
the substance on the plastic wrap was cocaine base.
Officer
Victor Campbell, Officer Toris's partner, testified similarly, though not identically.
Appellant
testified on his own behalf and sought to impeach Officer Toris with two >Pitchess witnesses.
We
appointed counsel to represent
appellant on appeal. On November 2, 2012, after examination
of the record, counsel filed an opening
brief in which no issues were raised.
In that brief, counsel informed us that he had advised appellant that he
could submit a supplemental brief on his own behalf, and had sent appellant a
copy of the brief and a copy of the record on appeal.
On November 2, 2012, we advised
appellant that he had 30 days in which to submit by brief or letter any
argument or contention he wished this court to consider, and directed counsel
to send a copy of the brief and of the record on appeal to appellant. No response has been received from appellant
to date.
We have
examined the entire record and are satisfied that appellant's attorney has
fully complied with his responsibilities and that no href="http://www.mcmillanlaw.com/">arguable issues exist. (People
v. Wende (1979) 25 Cal.3d 436, 441.)
DISPOSITION
The
judgment is affirmed.
>NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
ARMSTRONG,
J.
We concur:
TURNER,
P. J.
KRIEGLER,
J.