People v. Bolden CA4/1

Filed 8/6/24 P. v. Bolden CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081960

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCD279768, SCD287749 ) ANTHONY BOLDEN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Runston G. Maino, Judge. Request for judicial notice granted. Affirmed. Michelle Rogers and Barbara A. Smith, under appointments by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

We independently review the record in this case consistent with our obligations under People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). Finding no arguable issues, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

This appeal involves three cases against defendant Anthony Bolden, culminating in a single stipulated sentence. Bolden filed notices of appeal in the first two cases, but not in the third. In the first case (SCD279768; Case 1), Bolden was arrested in December 2018 after police approached his parked vehicle to issue a citation. After conducting a records check, which showed an active parole warrant for Bolden’s arrest, they searched Bolden and the vehicle, uncovering bags of a suspected controlled substance and scales. The People charged Bolden with

possession of methamphetamine for sale (Health & Safety Code,1 § 11378); two prison prior terms (Pen. Code, §§ 667.5, subd. (b)), 668; and a prior strike conviction for a 2013 offense (id., §§ 667, subds. (b)–(i), 1170.12, subd. (a)). In January 2020, Bolden pleaded guilty to the possession for sale count and admitted one strike prior. Prior to sentencing, Bolden was released from custody in April 2020 due to the COVID-19 pandemic with an order to appear for sentencing in August 2020. In August 2020, his sentencing hearing was continued. Bolden failed to appear at the April 7, 2021, continued sentencing hearing. Meanwhile, Bolden’s second case (SCD287749; Case 2) arose in October 2020 when police officers pulled Bolden over for a routine traffic stop, discovered he had an outstanding felony warrant, and found suspected controlled substances in his possession after a search. The People charged Bolden with transportation for sale of a cocaine base (§ 11352, subd. (a)), possession for sale of cocaine base (§ 11351), transportation for sale of methamphetamine (§ 11379, subd. (a)), possession for sale of