P. v. Valdez

Filed 5/30/07 P. v. Valdez CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

Thomas Bravo Valdez appeals the judgment entered after a jury convicted him of transporting, possessing, and being under the influence of methamphetamine (Health & Saf. Code,  11377, subd. (a), 11379, subd. (a), 11550, subd. (a)), and of possessing a smoking device (id.,  11364). The court sentenced him to a total of three years in state prison, consisting of the midterm on the transportation count. Sentencing on the possession count was stayed pursuant to Penal Code section 654. Valdez was concurrently sentenced to a total of 270 days in county jail on the remaining counts. He was also ordered to pay various fines and fees, and was awarded 326 days of custody credit.

On the morning of October 27, 2005, a Ventura County deputy sheriff observed Valdez driving a white Chevy Blazer in a condominium complex in Ojai. A check of the Blazer's license number indicated that it was associated with a wanted subject and another subject who was on probation. The deputy followed the Blazer and found it parked in a guest spot at the complex. Valdez was subsequently contacted at a workshop on the property and was asked for identification. He appeared nervous and spoke rapidly, which led the deputy to believe that he was under the influence of a controlled substance. After confirming that Valdez was on probation, the deputy searched him and found a small amount of methamphetamine in his wallet and a glass smoking pipe in his pocket. A urine test subsequently verified that Valdez was also under the influence of methamphetamine. After his arrest, Valdez admitted that the methamphetamine found in his possession was his and that he had ingested the drug the preceding night.

We appointed counsel to represent Valdez in this appeal. After examining the record, counsel filed an opening brief raising no issues and requesting that this court independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436.

On March 15, 2007, we advised Valdez that he had 30 days in which to submit a written brief or letter raising any contention or arguments he wished us to consider. He did not respond.

We have examined the entire record and are satisfied that Valdez's attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d at p. 441.)

The judgment is affirmed.

NOT TO BE PUBLISHED.

PERREN, J.

We concur:

GILBERT, P.J.

YEGAN, J.

Allan L. Steele, Judge

Superior Court County of Ventura

______________________________

Barbara A. Landan, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Publication courtesy of California pro bono lawyer directory.

Analysis and review provided by Chula Vista Property line attorney.