People v. Wood CA2/4

Filed 4/29/15 P. v. Wood CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B256796

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA096956) v.

JEREMIAH VALENTINE WOOD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Tomson T. Ong, Judge. Affirmed. Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

Defendant Jeremiah Valentine Wood appeals from the judgment entered after he pled no contest to one count of sale of methamphetamine. (Health & Saf. Code, § 11379, subd. (a).) Defendant’s counsel filed an opening brief that raised no issues and requested independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm. FACTUAL AND PROCEDURAL HISTORY On October 24, 2013, defendant was charged by information with one count of sale of a controlled substance (methamphetamine) in violation of Health and Safety Code, section 11379, subdivision (a). The information further alleged: (1) four prior felony convictions making defendant ineligible for probation (Pen. Code, § 1203, subd. (e)(4));1 (2) two prior convictions for serious or violent felonies, requiring defendant to serve his sentence in state prison and subjecting him to sentencing under the Three Strikes Law (§§ 1170, subd. (h)(3), 667, subds. (b)-(j), 1170.12); and (3) four prior prison terms served for felony convictions, where he failed to remain free of prison custody and committed another felony offense during the five years subsequent to the conclusion of each term (§ 667.5, subd. (b)). On January 14, 2014, defendant signed an advisement and waiver of his right to counsel in accordance with Faretta v. California (1975) 422 U.S. 806. The trial court subsequently granted defendant’s request to proceed in pro per. Defendant requested three weeks, to February 4, 2014, to prepare for trial. The court granted that request. On February 6, 2014, the day of the scheduled jury trial, defendant pled no contest to the charge against him and admitted his prior strike offenses in exchange for a six-year state prison term. The court accepted the plea and sentenced defendant to a six-year prison term, consisting of the midterm of three years, doubled to six years pursuant to section 1170.12. The court struck the prior offenses alleged under section 667.5, subdivision (b), for the purposes of sentencing only. The court awarded defendant 392