People v. Smith CA3

Filed 10/27/14 P. v. Smith CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, C073828

Plaintiff and Respondent, (Super. Ct. No. CRF123730)

v.

KEITH SMITH,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) FACTUAL AND PROCEDURAL BACKGROUND An information filed December 11, 2012, charged defendant with multiple drug and related crimes and enhancements, as follows:

1

Sale of a controlled substance (cocaine base) (Health & Saf. Code, § 11352, subd. (a))--counts 7, 9, and 13; possession for sale of a controlled substance (cocaine base) (Health & Saf. Code, § 11351.5)--counts 8, 10, and 14; possession of a controlled substance (cocaine base) while armed with a loaded firearm (Pen. Code, § 11370.1, subd. (a))--count 15; possession of firearm by person previously convicted of a felony (Pen. Code, § 29800, subd. (a)(1))--count 16; and possession of ammunition by a person prohibited from owning or possessing a firearm (Pen. Code, § 30305, subd. (a))--count 17. Counts 7 and 8 were alleged to have occurred on or about June 21, 2012, counts 9 and 10 on or about June 25, 2012, and counts 13 through 17 on or about September 19, 2012.1 As to counts 7 through 10, 13, and 14, it was alleged that defendant had six prior drug-related convictions (Health & Saf. Code, § 11370.2, subd. (a)). As to count 14, it was also alleged that defendant was personally armed with a firearm during the commission of the offense (Pen. Code, § 12022, subd. (c)). As to all counts, it was alleged that defendant had a prior serious felony conviction (Pen. Code, § 667, subds. (c), (e)(1)). Defendant thereafter pleaded no contest to counts 14 and 16, with a stipulated maximum state prison term of 21 years (five years on count 14, plus four years for the arming enhancement, plus four consecutive three-year enhancements for the prior drug convictions, with sentence on count 16 to run concurrent and all remaining charges to be dismissed). At the preliminary hearing, which provided the factual basis for defendant’s plea, the following evidence was presented: A West Sacramento undercover police officer bought cocaine on several occasions from “Mighty Mouse” (codefendant). When the officer tried to buy a larger amount,