People v. King CA2/8

Filed 2/4/14 P. v. King CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B249343

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. BA375329/MA058605) v.

JOHN KING,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Charles A. Chung, Judge. Affirmed.

Caneel C. Fraser, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________

Defendant John King appeals from the judgment entered following his plea of no contest to charges of possession for sale of cocaine base and misdemeanor driving under the influence. Based on our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 441 (Wende), we affirm both convictions.

FACTUAL AND PROCEDURAL HISTORY

A. Case No. BA375329

On November 10, 2010, defendant pled no contest to possession of cocaine base in violation of Health and Safety Code section 11350, subdivision (a) and admitted suffering prior convictions within the meaning of the Three Strikes law (Pen. Code, § 1170.12, subds. (a)-(d); § 667, subds. (b)-(i)) and Penal Code section 667.5. The trial court dismissed the strikes and sentenced defendant to five years in prison comprised of the three year upper term, plus a consecutive two years pursuant to Penal Code section 667.5. Execution of sentence was suspended and defendant was placed on three years formal probation.