P. v. Moore
Appellant was charged in an information with possession of cocaine (Health & Saf. Code, 11350, subd. (a)) and with two prior serious felony convictions within the meaning of the three strikes law (Pen. Code, 667, subds. (c)-(j) & 1170.12, subds. (a)-(e)) and two prior prison term enhancements (Pen. Code, 667.5, subd. (b)). The trial court denied appellants motion to suppress ( 1538.5). Appellant pled no contest to possession of cocaine and admitted the two prior serious felony allegations. The two prior prison term enhancements were dismissed.
The court exercised its discretion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 to strike one prior serious felony conviction. Given the amount of contraband found, the court denied probation and sentenced appellant to the mitigated term of 16 months, which it doubled to 32 months pursuant to the three strikes law. The court imposed a restitution fine and granted appellant applicable custody credits.
Appellants appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court to independently review the record. (Peoplev. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that appellant was advised he could file his own brief with this court. By letter on March 23, 2007, we invited appellant to submit additional briefing. Appellant responded with a letter requesting that this court review the trial courts denial of his suppression motion to determine if officers violated his constitutional rights when they searched him without a warrant.
After independent review of the record, Court have concluded no reasonably arguable legal or factual argument exists. The judgment is affirmed.
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