P. v. Darr
Filed 10/28/08 P. v. Darr CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR
THE PEOPLE, Plaintiff and Respondent, v. JEFF PAUL DARR Defendant and Appellant. | B207161 (Los Angeles County Super. Ct. No. KA080099) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Jack P. Hunt and Charles Horan, Judges. Affirmed.
Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Jeff Paul Darr appeals from the judgment entered following the denial of his motion to suppress evidence, his guilty plea to possession of a controlled substance, methamphetamine (Health & Saf. Code, 11377, subd. (a)), and his admission that he suffered a prior conviction of a serious or violent felony within the meaning of the Three Strikes law. (Pen. Code, 667, subds. (b)(i); 1170.12, subds. (a)-(d).) Pursuant to the negotiated plea, all other allegations were stricken and appellant was sentenced to the low term of 16 months doubled to 32 months by reason of the Three Strikes law.[1]
The evidence at the preliminary hearing established that on July 5, 2007, at approximately 9:50 a.m., Irwindale Police Officer David Fraijo was dispatched to 16018 Alderson Street in Irwindale to investigate a report that there was an individual asleep in a vehicle with the engine running. Corporal Glen Purbaugh had also been dispatched to that location and he told Officer Fraijo that when he arrived he observed appellant sleeping in the drivers seat of the vehicle. Corporal Purbaugh tapped on the window of the vehicle multiple times in an attempt to wake appellant, and after about a minute or so, appellant awoke. Appellant was very disoriented and appeared to be under the influence of narcotics. A sandwich-type baggie with white crystalline substance was seen in plain view on the center console of appellants vehicle. It was stipulated for purposes of the preliminary hearing that the substance was approximately 2.21 grams of powder containing methamphetamine. Appellant was arrested for possession of a controlled substance and transported to the Glendora Police Department.
After review of the record, appellants court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.
On July 25, 2008, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied that no arguable issues exist and that appellant has, by virtue of counsels compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
SUZUKAWA, J.
We concur:
WILLHITE, Acting P. J.
MANELLA, J.
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[1] It was also alleged appellant was ineligible for probation based on four prior felony convictions within the meaning of Penal Code section 1203, subdivision (e)(4) and had suffered two prior strike convictions.
