People v. Brown CA2/4

Filed 6/20/14 P. v. Brown CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B252615

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA060412) v.

THEARTRA CORNELIUS BROWN

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Christopher G. Estes, Judge. Affirmed. California Appellate Project, Jonathan B. Steiner, Executive Director and Stanley Dale Radtke, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

In the underlying action, appellant Theartra Cornelius Brown pleaded nolo contendere to one count of possession of marijuana for sale pursuant to a plea agreement, and was sentenced in accordance with the terms of that agreement. His court-appointed counsel has filed an opening brief raising no issues. Following our independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we conclude that no arguable issues exist. Accordingly, we affirm.

PROCEDURAL BACKGROUND On August 6, 2013, a felony complaint was filed, charging appellant in count one with possession of marijuana for sale (Health & Saf. Code, § 11359), and in count two with possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). Accompanying the charges were allegations that appellant had been convicted of two serious felonies under the “Three Strikes” law (Pen. Code, §§ 667, subd. (d), 1170.12, subd. (b)), and had served a prison term for a serious or violent felony conviction (Pen. Code, § 667.5, subd. (c)). Appellant pleaded not guilty to the charges and denied the special allegations. On August 13, 2013, appellant entered into a plea agreement under which he was to be given a total term of 32 months in state prison. In accordance with the agreement, appellant pleaded nolo contendere to the charge of possession of marijuana for sale (count one), and admitted a prior conviction for a serious felony (Pen. Code, §§ 667, subd. (d), 1170.12, subd. (b)), namely, a conviction for robbery in 2000. In sentencing appellant to a total term of 32 months, the trial court imposed the term of 16 months on count one, and doubled that term on the basis of appellant’s prior “strike” (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). The remaining counts and special allegations in the felony complaint were dismissed. This appeal followed.