People v. Escalera CA6

Filed 1/25/16 P. v. Escalera CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H042006 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1231076)

v.

MIGUEL GARCIA ESCALERA,

Defendant and Appellant.

Pursuant to a plea agreement, defendant Miguel Garcia Escalera pleaded no contest to two counts of selling a controlled substance (methamphetamine) (Health & Saf. Code, § 11379, subd. (a), counts 1 & 2),1 one count of possessing a controlled substance (methamphetamine) for sale (§ 11378, count 6) and one count of possession of marijuana for sale (§ 11359, count 7). Escalera also admitted a prior strike conviction. After the trial court denied his Romero2 motion, Escalera was sentenced to a total term of 10 years eight months in prison, awarded credits and ordered to pay various fines and fees, detailed below. We appointed counsel to represent Escalera in this court. Appointed counsel filed an opening brief which states the case and the facts, but raises no specific issues. We notified Escalera of his right to submit written argument in his own behalf within

1 Unspecified statutory references are to the Health and Safety Code. 2 People v. Superior Court (Romero) (1996) 13 Cal.4th 497.

30 days. That period has elapsed, and we have received no written argument from Escalera. I. FACTUAL AND PROCEDURAL BACKGROUND3 In March 2012, an undercover narcotics officer contacted Escalera and arranged to purchase one eighth of an ounce of methamphetamine. After the transaction was complete, Escalera informed the officer he could sell him quality marijuana for $800 a pound and the officer said he would consider it. They also arranged to meet the following day so the officer could purchase one ounce of methamphetamine. After the officer successfully purchased methamphetamine from Escalera on several occasions, he obtained a narcotics search warrant and arranged to meet with Escalera again to “conduct a ‘buy-bust’ operation and serve the [s]earch [w]arrant.” Escalera was arrested at that meeting. Officers served the search warrant at Escalera’s residence, confiscating “7.1 grams of suspected methamphetamine, two digital scales, about 2.8 pounds of marijuana that was packaged in 13 separate plastic bags in varying amounts, a ‘pay-owe’ ledger, and $2,373.00 in cash.” Escalera waived his Miranda4 rights and explained the cash was money he earned from working and the marijuana was for medicinal purposes, though he admitted he did not have a prescription or medical marijuana card. As for the methamphetamine, Escalera said it had been given to him long ago by a friend and he had been told he could sell it to make money. He denied ever attempting to sell it, said he was not involved in drug trafficking and did not know the value of the drugs. When officers advised him they had observed him selling drugs on several