People v. Brown CA2/8

Filed 4/29/15 P. v. Brown CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B257135

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA097077) v.

MELVIN BROWN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court for the County of Los Angeles. Gary J. Ferrari, Judge. Affirmed as modified.

Catherine White, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________________

On November 5, 2013, the district attorney filed an information charging defendant Melvin Brown with three felony counts of selling, transporting or offering for sale a controlled substance (cocaine base), on August 9, August 13, and September 12, 2013. (Health & Saf. Code, § 11352, subd. (a).) The information also alleged eight prior convictions for which prison terms were served (Pen. Code, § 667.5, subd. (b)), four prior convictions for serious or violent felonies (Pen. Code, § 667, subd. (d)), and two prior felony convictions relating to controlled substances (Health & Saf. Code, § 11370.2, subd. (a)). The trial court granted defendant’s motion to represent himself, and later held an in camera Pitchess1 hearing and ordered discovery compliance. Defendant pled no contest to all three counts, and admitted seven of the eight prior prison terms, three of the four prior convictions for serious or violent felonies, and both of the prior felony convictions relating to controlled substances. On June 9, 2014, the court sentenced defendant to state prison for the low term of three years on each of the three counts, to be served concurrently, and an additional consecutive three years for one of the prior controlled substance convictions (Health & Saf. Code, § 11370.2, subd. (a)), for a total term of six years. The trial court struck all the other prior conviction allegations. The court awarded total credits for time served of 496 days (248 actual and 248 conduct), and ordered defendant to pay a mandatory $280 restitution fine per year ($1,680) (Pen. Code, § 1202.4, subd. (b)); to register as a narcotics offender when released (Health & Saf. Code, § 11590); and to pay a $120 court security assessment fee (Pen. Code, § 1465.8) and a $90 criminal conviction fee (Gov. Code, § 70373). The minute order for the sentencing hearing showed, in addition, a $1,680 parole restitution fine, stayed (Pen. Code, § 1202.45), and a $50 criminal laboratory analysis fee (Health & Saf. Code, § 11372.5).