People v. Stewart CA5

Filed 9/19/14 P. v. Stewart CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F066976/F067331 Plaintiff and Respondent, (Stanislaus Super. Ct. Nos. 1451284, v. 1452497 & 1452570)

GERALD TUFF STEWART, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Dawna Reeves, Judge. Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent.

* Before Kane, Acting P.J., Franson, J. and Chittick, J. Pro Tem.† † Judgeof the Superior Court of Fresno County, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

-ooOoo- INTRODUCTION Appellant/defendant Gerald Tuff Stewart pleaded no contest to several narcotics offenses in three separate cases which have been consolidated on appeal. His appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS1 Case No. 1451284 (F066976) On November 4, 2012, officers conducted a traffic stop of defendant’s car in Patterson. The officers searched the vehicle and found 4.37 grams of methamphetamine. On November 6, 2012, a complaint was filed in case No. 1451284 charging defendant with count I, possession of methamphetamine for sale (Health & Saf. Code,2 § 11378); and count II, transportation of methamphetamine (§ 11379, subd. (a)), with special allegations that defendant had a prior conviction for a narcotics-related offense (§ 11370.2). Case No. 1452570 (F067331) On December 3, 2012, defendant was contacted and searched by deputies in Patterson. They found 0.43 grams of a substance containing methamphetamine. On December 21, 2012, a complaint was filed in case No. 1452570 charging defendant with possession of methamphetamine (§ 11377, subd. (a)).

1The facts are based on the stipulations which defendant entered into when he pleaded no contest to the charges in the three cases. 2 All further statutory citations are to the Health and Safety Code unless otherwise indicated.