P. v. Lang
Filed 5/1/08 P. v. Lang CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(Butte)
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THE PEOPLE, Plaintiff and Respondent, v. JAMES LEE LANG, JR., Defendant and Appellant. | C057110 (Super. Ct. No. CM025173) |
Narcotics agents served a search warrant on defendant at his home and found drug paraphernalia, numerous prescription medications not prescribed to defendant and 43 rounds of ammunition. In his 10-year-old sons bedroom, where defendant had been allowing a transient to stay, agents found three used crack pipes easily within the childs reach. Defendant was arrested and his child taken into custody and turned over to Social Services.
Approximately three months later, defendant was stopped for driving with expired registration tags. Records revealed he had been released from jail two months prior and had an outstanding felony warrant. When police unfolded the Department of Motor Vehicle printout defendant handed them, a white crystalline rock later identified as cocaine fell out. More cocaine was discovered during a search of defendants car.
Four months later, defendant was stopped for driving with a suspended license. During a pat down search, officers found a baggie with cocaine in it, two prescription bottles containing different types of pills and a large folding knife. An inventory search of defendants car uncovered a first-aid kit containing cocaine.
Defendant was charged in all three matters, by consolidated information, with felony child abuse (Pen. Code, 273a, subd. (a)--count 1), possession of ammunition (Pen. Code, 12316, subd. (b)(1)--count 2), possession of a controlled substance without a prescription (Bus. & Prof. Code, 4060--count 3), possession of a smoking device (Health & Saf. Code, 11364--count 4), two counts of possession of a controlled substance (Health & Saf. Code, 11350, subd. (a)--counts 5 & 6), and driving with a suspended license (Veh. Code, 14601.1, subd. (a)--count 7). The consolidated information alleged defendant committed counts 5 and 6 while on bail on his own recognizance (O.R.) in two other cases (Pen. Code, 12022.1) and further alleged that, as to several of the counts, defendant had served a prior prison term (Pen. Code, 667.5, subd. (b)).
Defendant requested appointment of new counsel. After conducting a Marsden hearing, the court denied defendants request. (People v. Marsden (1970) 2 Cal.3d 118.)
On the first day of trial, defendant pleaded no contest to all counts and admitted the special allegations in the consolidated information.
The court denied probation and sentenced defendant to an aggregate term of 10 years four months in state prison comprised as follows: four years (the middle term) as to count 1, eight months (one-third the middle term) consecutive as to count 2, eight months (one-third the middle term) consecutive as to count 5, and two years (the middle term) concurrent as to count 6, plus consecutive two-year terms each for two of the three O.R. enhancements, with a two-year term for the third O.R. enhancement to be stayed pursuant to Penal Code section 654, and a consecutive one-year term for the prior prison term enhancement, with a second one-year term for the same enhancement stayed pursuant to Penal Code section 654. The court sentenced defendant to six months for each of the three misdemeanors as charged in counts 3, 4 and 7, to run concurrent to the prison term. Defendant was awarded 211 custody credits and ordered to pay specified fees and fines and register as a drug offender. (Health & Saf. Code, 11590.)
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error in favor of defendant.
DISPOSITION
The judgment is affirmed.
HULL, J.
We concur:
DAVIS, Acting P.J.
ROBIE , J.
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