P. v. English

Filed 8/22/06 P. v. English CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

I. INTRODUCTION

Via a plea agreement, appellant pled guilty to one count in a three-count amended information and admitted a prior strike. The count to which he pled guilty charged possession of methamphetamine for sale (Health & Saf. Code, § 11378) and the strike which he admitted was a 1993 conviction for assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) The superior court denied appellant's motion to strike the special allegation and sentenced him to the mid-term of two years in state prison plus two years for the enhancement. Appellant filed a timely notice of appeal, but no certificate of probable cause was requested or obtained. (See Pen. Code, § 1237.5 and Cal. Rules of Court, rule 30(b).) Via appellate counsel, he has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 asking that we examine the record and determine if there are any arguable appellate issues that deserve further briefing. We have done so, find none, and hence affirm the conviction.

II. FACTUAL AND PR0CEDURAL BACKGROUND

According to his own pleadings filed in superior court, appellant has a long history of substance abuse having been convicted of numerous violations of section 23152 of the Vehicle Code, at least one of which was a felony conviction. He was also convicted, on August 23, 1993, of a felony violation of Penal Code section 245, subdivision (a)(1), involving using an automobile to make â€