People v. James CA5

Filed 6/21/22 P. v. James 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F083611 Plaintiff and Respondent, (Kern Super. Ct. No. RF008109A) v.

DALE JAMES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Kenneth G. Pritchard, Judge. Randall Conner, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Poochigian, J. and Detjen, J.

INTRODUCTION Appellant Dale James entered into a negotiated disposition and was placed on probation. Thereafter, he violated probation several times, failed to appear, and committed new offenses. He was sentenced to a total term of six years in jail in two separate cases. On appeal in this case, his appellate counsel has filed a brief that 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.) We affirm. FACTUAL AND PROCEDURAL BACKGROUND On January 3, 2019, a felony complaint was filed in the Superior Court of Kern County, case No. RF008109A, charging appellant with count 1, transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)); count 2, possession of methamphetamine for sale (Health and Saf. Code, § 11378); count 3, bringing a controlled substance into jail or prison (Pen. Code, § 4573); and count 4, misdemeanor driving with a suspended or revoked license (Veh. Code, § 14601.1, subd. (a)).1 On January 8, 2019, appellant pleaded no contest in case No. RF008109A to count 3, bringing a controlled substance into jail or prison, and count 4, misdemeanor driving with a suspended or revoked license, for an indicated disposition of probation for three years on condition of serving one year in jail, plus dismissal of counts 1 and 2 and two pending misdemeanor cases.

1 The instant appeal (F083661) is from appellant’s conviction and sentence in case No. RF008109A. As will be explained below, appellant subsequently entered a plea in another case, case No. RF008607A; he was ultimately sentenced to consecutive terms in both cases, and his separate appeal from No. RF008607A is currently pending before this court (F083664). While the instant appeal was pending, we granted appellant’s request to take judicial notice of the records in his pending appeal in F083664.