People v. Romby CA1/5

Filed 12/11/24 P. v. Romby CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A169743 v. DONALD EDWARD ROMBY, (Solano County Defendant and Appellant. Super. Ct. No. FCR345974)

Defendant Donald Romby appeals from final judgment after being convicted of one felony count of possession of cocaine while armed with a firearm and three misdemeanor counts of possession of a controlled substance for sale. (Health & Saf. Code, §§ 11370.1, subd. (a), 11350.) Defendant was sentenced to the two-year lower term on the felony count and six-month concurrent terms on the misdemeanor counts. Defendant’s appointed appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (People v. Wende), raising no issue for review and requesting that we conduct our own independent review of the record on appeal. Defendant has not exercised his right to file a supplemental brief in a timely fashion. Having considered the record in accordance with People v. Wende, we affirm the judgment.

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FACTUAL AND PROCEDURAL BACKGROUND On November 25, 2019, defendant was charged by information with one felony count of possession of cocaine while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a); count 1) and three felony counts of possession of a controlled substance for sale (to wit, cocaine, heroin, and methamphetamine) (Health & Saf. Code, §§ 11351, 11378; counts 2–4). On February 27, 2020, defendant agreed to plead no contest to count 1 in exchange for a stipulated two-year prison term and dismissal of the remaining counts. However, on October 27, 2020, defendant withdrew his plea. Accordingly, the court reinstated the three dismissed counts. Defendant then entered a not guilty plea to all four counts. Trial began on March 20, 2023, during which the following evidence was presented. At approximately 4:14 a.m. on May 26, 2019, two police officers were responding to a report of a hit and run. The officers noticed a tan sedan parked at a gas station gas pump with a driver, later identified as defendant, who “wasn’t moving . . . .” When the officers approached the vehicle, they noticed that both defendant and his passenger appeared to be asleep. One of the officers arrived at the driver’s side of the vehicle and observed that defendant “had a white powdery substance” and “a shaker” in his lap.1 The officer removed defendant from the vehicle and placed him in handcuffs. The officer then searched defendant’s person. In defendant’s left jeans pocket, the officer found “little plastic bags inside of [a] bigger one” containing “a white substance”; “a black, tarry substance”; and some pills. These substances were later determined to be usable amounts of methamphetamine, cocaine and heroin.