P. v. Price
Filed 11/1/13
P. v. Price CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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
FIFTH APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and Respondent,
v.
RONALD SEAN PRICE,
Defendant and
Appellant.
F066372
(Super.
Ct. No. F11906216)
THE COURT
name="_ftnref1" title="">*
APPEAL from
a judgment of the Superior Court of
County. Jonathan M. Skiles, Judge.
Deborah
Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of
the State Attorney General, Sacramento, California, for Plaintiff and
Respondent.
-ooOoo-
INTRODUCTION
On October
3, 2012, appellant, Ronald Sean Price, executed a felony advisement, waiver of
rights and plea form, and entered into a plea
agreement. Appellant waived his
constitutional rights in the plea form and in court pursuant to
re Tahl (1969) 1 Cal.3d 122. The
court reviewed the consequences of a guilty plea with appellant and the parties
stipulated to a factual basis for the plea.
would be released pending sentencing.
The court would sentence appellant to a term of two years and strike the
prior serious felony conviction if appellant followed the directions of the
probation department and appeared for the sentencing
hearing. If appellant failed to do
these things, the court could impose a maximum sentence of 11 years.
Appellant pled guilty to felony
possession of heroin (Health & Saf. Code, § 11350, subd. (a)/count 1)
and felony possession of methamphetamine
(Health & Saf. Code, § 11377, subd. (a)/count 2). Appellant admitted a prior serious felony
conviction within the meaning of the three strikes law (Pen. Code, §§ 667,
subds. (b)-(i) & 1170.12, subds. (a)-(d)) and multiple prior prison term
enhancements (Pen. Code, § 667.5, subd. (b)). Appellant failed to appear on November 14,
2012, for the sentencing hearing, and a bench warrant was issued for his
arrest.
On November 30, 2012, the court
sentenced appellant to prison for the midterm of two years on count 1. This sentence was doubled to four years
pursuant to the three strikes law. The
court sentenced appellant to a consecutive sentence of one year four months on
count 2. The court imposed consecutive
terms of one year for each of the two prior prison term enhancements. Appellant’s total sentence was seven years
four months. The court awarded custody
credits of 30 days and conduct credits of 30 days for total custody credits of
60 days, and imposed a restitution fine and other fines and fees.
The trial court denied appellant’s
request for a certificate of probable cause.
Appellate counsel has filed a brief seeking independent review of the
case by this court pursuant to People v.
Wende (1979) 25 Cal.3d 436 (
APPELLATE COURT REVIEW
Appellant’s
appointed appellate counsel has filed an opening brief that summarizes the
pertinent facts, raises no issues, and requests this court to review the record
independently. (Wende, supra, 25 Cal.3d
436.) The opening brief also includes
the declaration of appellate counsel indicating that appellant was advised he
could file his own brief with this court.
By letter on March 8, 2013, we invited appellant to submit additional
briefing. To date, he has not done so.
After
independent review of the record, we have concluded there are no reasonably
arguable legal or factual issues.
DISPOSITION
The judgment is
affirmed.
name="_ftn1" title="">* Before
Cornell, Acting P.J., Detjen, J. and Franson, J.
name="_ftn2" title="">[1] At
11:10 p.m., on October 13, 2011, police officers were on routine patrol near a
trailer park through an area known for high criminal activity, including
thefts, burglaries, and narcotic related offenses. The officers observed appellant seated in a
vehicle parked in the roadway, not in a parking space. As officers approached the vehicle, they saw
appellant hide something under his right leg.
Appellant appeared very nervous, displayed eye tremors when he closed
his eyes, and was breathing rapidly and heavily. Appellant’s pupils were very large. Appellant admitted that he regularly used
heroin and methamphetamine. Appellant
was asked to step out of the vehicle.
Following search of appellant and his vehicle, officers found two
plastic bindles of heroin in his vehicle and methamphetamine in his pants
pocket.
