P. v. >Seymour>















Filed 1/29/13 P. v. Seymour CA4/2













NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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>



FOURTH APPELLATE DISTRICT



DIVISION TWO






>

THE PEOPLE, Plaintiff and Respondent, v. GEORGE WAYNE SEYMOUR, Defendant and Appellant.

E054990 (Super.Ct.No. RIF10003680) OPINION

APPEAL
from the Superior Court
of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">Riverside
County. Elaine M.
Johnson, Judge. Affirmed.

Gregory
Marshall, under appointment by the Court of Appeal, for Defendant and
Appellant.

No
appearance for Plaintiff and Respondent.

Defendant
George Wayne Seymour is serving a seven-year sentence (four years in local
custody and three years on supervised release) after pleading guilty to one
count of possessing methamphetamine for
sale with enhancements.

>Facts
and Procedure

On
the evening of August 12, 2010,
around 10:20 p.m., a City of Riverside
police officer and his partner were patrolling a high-crime area when they
noticed a car without a front license plate parked just off the pavement in a
dirt area in front of a fenced residential yard. The officers decided to investigate the
vehicle for having a missing license plate.
Two men were standing just on the other side of the car near the open
front passenger door. As the officer got
out of the patrol car and approached, one of the men, defendant, quickly
reached into the car through the front passenger door.

The
officer spoke with defendant and noticed that he appeared nervous and sweating,
and stared vacantly, as if he were under the influence of methamphetamine or
alcohol. Defendant’s pupils reacted slowly
when the officer pointed his flashlight at defendant, which is another
indication of methamphetamine intoxication.
The officer asked defendant for permission to search him. Defendant consented. The officer found on defendant’s person a
cell phone that rang “continually,” $440 in cash, and the keys to the
vehicle. Based on defendant’s behavior
and possessions, the officer believed defendant may be involved in drug sales,
so he searched the car. The officer
found drugs, a firearm and a car rental agreement in defendant’s name.

The
officer went to handcuff and arrest defendant.
Defendant jumped over a fence and ran.
Defendant continued to struggle after the officer had chased him down,
until he lost consciousness from a carotid hold.

On
September 8, 2010, the
People charged defendant in count 1 with possessing methamphetamine for sale
(Health & Saf. Code, § 11378), with allegations that he had a prior such
conviction (Health & Saf. Code, §11370.2) and that he was personally armed
with a firearm (Pen. Code, § 12022); in count 2 with carrying a loaded firearm
in a public place (Pen. Code, § 12031); in count 3 with being a felon in
possession of a firearm (Pen. Code, § 12021); in count 4 with unlawfully
possessing ammunition (Pen. Code, § 12316, subd. (b)(1)); in count 5 with being
under the influence while possessing a loaded firearm (Health & Saf. Code,
§ 11550); and in count 6 with misdemeanor resisting a peace officer (Pen. Code,
§ 148). The People also alleged
defendant had two prison term priors (Pen. Code, § 667.5).

On
May 26, 2011, the trial
court conducted a preliminary hearing
and heard defendant’s motion to suppress evidence (Pen. Code, § 1538.5). The trial court denied defendant’s motion and
held him to answer for the charges.

On
October 26, 2011,
defendant pled guilty to count 1, admitted the prior sales enhancement, and
admitted the two prison priors. The
trial court sentenced defendant to the midterm of two years on count 1, plus
three years for the prior sales enhancement and one year each for the prison
priors, for a total of seven years in county jail under Penal Code section
1170, subdivision (h). The court
suspended execution of the last three years of the sentence, and ordered the
three years to be served on supervised release.

This
appeal followed, based on the denial of defendant’s motion to suppress
evidence. Defendant initially retained
private counsel for the appeal. Counsel
was later suspended from practice.

>Discussion

Upon defendant’s
request, this court appointed counsel to represent him. Counsel has filed a brief under the authority
of People
v. Wende (1979) 25 Cal.3d 436 and Anders
v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting
forth a statement of the case, a summary of the facts and potential arguable
issues, and requests this court to conduct an independent review of the
record.

We offered
defendant an opportunity to file a personal
supplemental brief, but he has not done so.
Pursuant to the mandate of People
v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record
for potential error and find no arguable issues.

Disposition

The judgment is
affirmed.

NOT TO BE
PUBLISHED IN OFFICIAL REPORTS

RAMIREZ

P. J.





We concur:



McKINSTER

J.



MILLER

J.