People v. Williams

Opinion

HAERLE, J.

These are two separate appeals from convictions for similar offenses which, on our own motion, we herewith consolidate. In both cases, appellant’s counsel has filed opening briefs in which he raises no issues and asks this court for an independent review of the record as required by

People

v.

Wende

(1979) 25 Cal.3d 436 [158 Cal.Rptr. 839, 600 P.2d 1071]

(Wende).

In appeal No. A079143, Solano and Contra Costa Counties narcotics officers received information that appellant and another person were manufacturing methamphetamine at the latter person’s residence in Vallejo. Police attempted to serve an outstanding warrant on the second person on March 7, 1996, at which time both appellant and he attempted to flee through the backyard. The police apprehended both and, in so doing, noted (a) that both were wearing latex gloves and (b) a strong chemical odor, which they recognized as one associated with the manufacture of methamphetamine. Both persons were arrested and a search warrant secured. Within the residence, the police found equipment and chemicals commonly used in the manufacture of methamphetamine as well as a small quantity of finished methamphetamine and three guns. Appellant and his confederate were arrested and booked. Appellant stated to the police that he and his confederate were assisting yet another person in the manufacture of methamphetamine in exchange for the finished product, and that he had “been using methamphetamines for thirty years.”

Appellant was charged in a four-count information. The first count charged him with manufacturing methamphetamine in violation of Health and Safety Code section 11379.6, subdivision (a), after having previously been convicted under Health and Safety Code section 11378 (Pen. Code, § 1203.073, subd. (b)(8) and Health & Saf. Code, § 11370.2, subd. (b)); the second charged possession of methamphetamine for sale while personally armed with a firearm, plus a Health and Safety Code section 11370.2 allegation (Health & Saf. Code, §§ 11378 and 11370.2, subd. (c); Pen. Code, § 12022, subd. (c)); the third charged possession of a short-barreled shotgun (Pen. Code, § 12020, subd. (a)); and the fourth charged possession of three firearms by a convicted felon. (Pen. Code, § 12021, subd. (a)(1)). As to all counts, the information alleged that appellant was ineligible for probation pursuant to Penal Code section 1203, subdivision (e) (4), because of two prior felony convictions.