P. v. Hernandez CA2/2

Filed 5/16/13 P. v. Hernandez CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B241037

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA384613) v.

ERIC ANTHONY HERNANDEZ,

Defendant and Appellant.

THE COURT:* Defendant and appellant Eric Anthony Hernandez appeals his judgment of conviction of possession of narcotics. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. On January 15, 2013, we notified defendant of his counsel’s brief and gave him leave to file, within 30 days, his own brief or letter stating any grounds or argument he might wish to have considered. Defendant submitted a letter seeking review of the testimony of the investigating detective, the canine search evidence, discovery regarding another detective, and alleged juror misconduct. We have reviewed the entire record and considered the issues raised by defendant, and finding no error or other arguable issues, we affirm the judgment.

______________________________________________________________________ *BOREN, P.J., ASHMANN-GERST, J., CHAVEZ, J.

Defendant was charged in count 1 with possession of methamphetamine for sale in violation of Health and Safety Code section 11378, with the special allegation that he was personally armed with a firearm in the commission of the offense within the meaning of Penal Code section 12022, subdivision (c). In count 2 defendant was charged with possession of cocaine while armed with a loaded, operable firearm, in violation of Health and Safety Code section 11370.1, subdivision (a). Prior to trial defendant filed a motion to disclose the identity of a confidential informant, as well as two Pitchess motions.1 After in camera hearings, the trial court denied the motion to disclose the identity of the informant, but ordered that certain information be turned over to the defense pursuant to the Pitchess motions. The evidence showed that after an investigation and search, which included the use of a narcotics detection dog, Los Angeles County Sheriff’s deputies found methamphetamine, cocaine, loaded firearms, $1000 in cash, a scale, 200 one-by-one inch unused plastic zipper bags and other items under a floorboard in the closet of a bedroom occupied solely by defendant. A jury convicted defendant of both counts as charged and found true the firearm enhancement alleged as to count 1. After the verdicts, defendant sought release of confidential juror information based upon one juror’s claim that he was pressured to vote guilty. The trial court heard the testimony of the juror and found an insufficient showing of good cause. Defense counsel did not dispute the court’s finding and was granted time to prepare a motion for new trial. That time elapsed and no motion was filed. On May 1, 2012, the trial court sentenced defendant to a total prison term of six years, comprised of the middle term of two years as to count 1, plus a firearm enhancement of four years. As to count 2, the court imposed a concurrent middle term of three years. The court ordered defendant to pay mandatory fines and fees, and to provide DNA and print impressions.