P. v.
Filed 12/28/12 P.
v. Jackson CA2/2
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 This opinion has not been
certified for publication or ordered published for purposes of rule 8.1115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 TWO
THE PEOPLE,
Plaintiff and Respondent,
v.
DARRYL AISHIAY
JACKSON,
Defendant and Appellant.
B240668
(Los Angeles County
Super. Ct. No.
KA097112)
THE COURT:
Darryl
Aishiay Jackson appeals from a judgment following a guilty plea. Because defendant pled no contest after
waiving his right to a preliminary hearing,
the following facts are taken from the probation report.
On February 29, 2012, appellant was walking
through the parking lot of a 99 Cent Only Store carrying an open container of
beer. Two officers from the Pomona
Police Department approached appellant and asked him if he was on parole. Appellant took a few steps away from the
police officers. He then dropped a small
off-white, rock-like substance on the ground and attempted to crush it with his
foot. The officers recovered the
rock-like substance and appellant was arrested.
A subsequent search of appellant’s left rear pants pocket produced a
cocaine pipe.
After
consulting with counsel, appellant pled guilty to one count of
Health and Safety Code section 11350, subdivision (a). Appellant also
admitted having suffered one strike under the “Three Strikes†law (Pen. Code,
§§ 667, subds. (b)–(i), 1170.12, subds. (a)(d))
prison term (§ 667.5, subd. (b)).
Pursuant to a plea agreement, the court sentenced appellant to state
prison for seven years comprised of the upper term of three years doubled for
the strike, plus one year for the prior prison term. The trial court imposed various fines and
court fees and appellant was awarded three days of actual custody credit and
two days of conduct credit, for a total of five days of presentence credit.
Appellant
filed a timely notice of appeal from
the judgment in which he checked the preprinted boxes indicating, “This appeal
is based on the sentence or other matters occurring after the plea that do not
affect the validity of the plea.†As
grounds for seeking a certificate of probable cause, appellant claimed the plea
was illegal because he had not conferred with his counsel as to his rights and
the nature of the plea. Appellant’s request
for a certificate of probable cause was denied.
We appointed
appeal. After examination of the record,
counsel filed an “Opening Brief†containing an acknowledgement that he had been
unable to find any arguable issues. On August 17, 2012, we advised appellant that
he had 30 days within which to personally submit any contentions or issues that
he wished us to consider. No response
has been received to date.
Appellant
was represented by counsel throughout the proceedings. He was fully apprised of his
consequences of his plea. He expressly
waived his rights, and his waiver was knowing, intelligent and voluntary. He specifically admitted possession of
cocaine. There was no error in the
sentence, which was in accord with applicable law and the negotiated
disposition. Appellant received a fair
hearing and due process.
We have
examined the entire record and are satisfied that appellant’s attorney has
fully complied with his responsibilities and that no
v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment
is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.
name="_ftn1" title="">* DOI TODD, Acting
P. J., ASHMANN-GERST, J., CHAVEZ, J.
unless otherwise indicated.
