P. v. Hernandez
Filed 10/2/07 P. v. Hernandez CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN
THE PEOPLE, Plaintiff and Respondent, v. OSCAR HERNANDEZ, Defendant and Appellant. | B195354 (Los Angeles County Super. Ct. No. BA301469) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
Carol H. Rehm, Jr., Judge. Affirmed.
Catherine F. Campbell, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
____________________________
Oscar Hernandez appeals from the judgment entered after a jury convicted him of selling cocaine base.
On April 18, 2006, Hernandez was arrested following a hand-to-hand sale of rock cocaine to another man. Several hundred dollars and a glass tube containing cocaine base were found in Hernandezs possession. Hernandez was charged by amended information with one count of selling cocaine base (Health & Saf. Code, 11352, subd. (a)). It was further alleged that Hernandez had suffered two prior violent or serious felony convictions within the meaning of the Three Strikes law (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (b)-(d)) and had served one separate prison term for a felony (Pen. Code, 667.5, subd. (b)).
In response to Hernandezs motion, on June 27, 2006 the trial court determined Hernandez had demonstrated good cause to discover information in the arresting officers personnel and administrative records pertaining to acts involving planting, dishonesty, fabrication. (Evid. Code, 1043, 1045; Pitchess v. Superior Court (1974) 11 Cal.3d 531.) On June 29, 2007, the trial court conducted an in camera review of the arresting officers personnel files and ordered certain documents disclosed to Hernandez under a protective order and had the hearing transcript sealed.
Trial commenced on October 3, 2006. On October 10, 2006, the jury convicted Hernandez of selling cocaine base. In a bifurcated proceeding, the trial court found true Hernandezs prior strike convictions.
Prior to sentencing the trial court partially granted Hernandezs motion by dismissing one of his two prior convictions (People v. Superior Court (Romero) (1996) 13 Cal.4th 497; Pen. Code, 1385, subd. (a)). The court sentenced Hernandez as a second strike offender to a state prison term of six years or double the lower term of three years. Hernandez received presentence custody credit of 314 days (210 actual days and 104 days of conduct credit). The court ordered Hernandez to pay a $20 security assessment and a $200 restitution fine. A parole revocation fine was imposed and suspended pursuant to Penal Code section 1202.45.
We appointed counsel to represent Hernandez on appeal. After examination of the record counsel filed an Opening Brief in which no issues were raised. On May 30, 2007, we advised Hernandez that he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied Hernandezs attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
WOODS, J.
We concur:
PERLUSS, P. J.
ZELON, J.
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