P. v. Velasquez
Filed 5/20/08 P. v. Velasquez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THE PEOPLE, Plaintiff and Respondent, v. EDDIE EDWARD VELASQUEZ, JR., Defendant and Appellant. | 2d Crim. No. B201812 (Super. Ct. No. 1228377) (Santa Barbara County) |
Eddie Edward Velasquez, Jr., appeals the judgment entered after he pled no contest to selling or transporting heroin (Health & Saf. Code, 11352, subd. (a)). He also admitted serving two prior prison terms (Pen. Code, 667.5, subd. (b)). In exchange for his plea, he was sentenced to five years in state prison.
Because Velasquez pled no contest after waiving his right to a preliminary hearing, the facts are derived from the probation report. On May 18, 2007, narcotics officers from the Santa Maria Police Department conducted surveillance of Velasquez's residence after receiving a tip from a confidential informant that Velasquez was selling heroin. At approximately 11:30 a.m., the officers observed Velasquez emerge from the residence and approach a known heroin user who had arrived by vehicle. The two men moved close together, which led the officers to believe that a drug transaction had just taken place. When the officers exited their vehicle and prepared to conduct a probation search of Velasquez, he tried to run away but fell after taking a couple of steps. The officers handcuffed and searched Velasquez, then asked him to open his mouth. When he did so, the officers observed a white piece of paper under his tongue. Velasquez eventually spit out the paper, which was found to contain two individually packaged bindles of heroin. He also displayed signs of being under the influence of a controlled substance. A digital scale with heroin residue was subsequently found on top of the refrigerator in Velasquez's kitchen, along with a bag containing several small ziplock baggies in a nearby cupboard. A syringe full of a substance that appeared to be heroin was also recovered from Velasquez's bedroom.
We appointed counsel to represent Velasquez in this appeal. After reviewing the record, counsel filed an opening brief raising no issues and requesting that we independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
On November 14, 2007, we advised Velasquez that he had 30 days in which to submit a written brief or letter stating any contentions or arguments he wished us to consider. We received no response.
We have reviewed the entire record and are satisfied that counsel has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende, supra, 25 Cal.3d at p. 441; People v. Kelly (2006) 40 Cal.4th 106, 123-124.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
PERREN, J.
We concur:
GILBERT, P.J.
YEGAN, J.
Edward H. Bullard, Judge
Superior Court County of Santa Barbara
______________________________
California Appellate Project, Jonathan B. Steiner, Executive Director, and Richard B. Lennon, Staff Attorney, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
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