People v. Farmer CA2/8

Filed 1/14/14 P. v. Farmer CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B246081

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA 123738) v.

DENNIS FARMER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Laura J. Walton, Judge. Affirmed.

Lenore De Vita, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Defendant Dennis Farmer challenges his conviction for two counts of sale of cocaine base in violation of Healthy and Safety Code section 11352, subdivision (a).1 His counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 stating that no arguable issue exists. We find no arguable issue and affirm. FACTS On May 3, 2012, an informant of the Los Angeles Police Department purchased an off-white substance from defendant. The transaction was videotaped and audiotaped, but the videotape captured only defendant’s face and shirt, not the hand-to-hand transfer. The informant testified that she asked defendant if he had anything and he responded affirmatively. She gave defendant $20, and he gave her what she thought was cocaine. Analysis of the off-white substance the informant purchased from defendant showed it was cocaine base. On May 8, 2012, another informant purchased two rocks wrapped in clear plastic from defendant. The purchase was videotaped and audiotaped, but the hand-to-hand transfer was not captured by the videotape. Officer Melissa Gonzalez observed what she believed to be a narcotics sale by defendant. She saw the informant say something to defendant, the informant hand something to defendant, defendant and the informant walk between two buildings, and the informant take something from defendant. After the exchange, the informant gave Officer Gonzalez two rocks wrapped in clear plastic. Analysis of the rocks purchased by the informant showed they were cocaine base. PROCEDURE Defendant was charged with three counts of transportation or sale of cocaine base, based on incidents occurring May 3, 2012, May 8, 2012, and May 15, 2012. A gang enhancement was alleged. It was further alleged defendant suffered a 2010 conviction for possession of cocaine base for sale in case No. TA111608. (§ 11351.5.) Section 11370.2, subdivision (a) requires a three-year enhancement for a person convicted of