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People v. Rosetender4/18/2002
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Sean Rosetender appeals from a judgment of conviction entered upon a plea of guilty. Appellant's court-appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
A complaint filed in the consolidated court for Humboldt County charged appellant with the transportation or sales of methamphetamine (Health & Saf. Code, § 11379, subd. (a)), possession of methamphetamine (§ 11377, subd. (a)), transportation or sales of marijuana (§ 11360, subd. (a)), possession of marijuana for sale (§ 11359) and four misdemeanors: being under the influence of a controlled substance (§ 11550, subd. (a)), possession of a hypodermic needle (Bus. & Prof. Code, § 4140), driving under the influence of alcohol and/or drugs (Veh. Code, § 23152, subd. (a)) and driving without a valid driver's license (Veh. Code, § 12500, subd. (a)).
The complaint further alleged that appellant suffered a prior serious felony conviction or strike (Pen. Code, §§ 667, 1170.12) and two sentencing enhancements for a prior drug related conviction (§ 11370.2, subd. (c)) and a prior prison term (Pen. Code, § 667.5, subd. (b)).
In a negotiated disposition, appellant pleaded guilty to the transportation or sales of methamphetamine (§ 11379, subd. (a)) and driving under the influence of alcohol and/or drugs (Veh. Code, § 23152, subd. (a)), a misdemeanor, and also admitted a prior serious felony conviction or strike (Pen. Code, §§ 667, 1170.12) with the understanding that the court would sentence him to six years in state prison. Pursuant to the plea bargain, the court granted the prosecution's motion to dismiss the remainder of the complaint.
The court sentenced appellant to the middle term of three years in state prison for the transportation or sales of methamphetamine (§ 11379, subd. (a)) and then doubled the term because of appellant's admitted strike (Pen. Code, §§ 667, 1170.12). The court suspended imposition of sentence for driving under the influence of alcohol and/or drugs (Veh. Code, § 23152, subd. (a)), a misdemeanor. Thus, the aggregate term totaled the agreed six years in state prison. The court ordered appellant to pay a $600 restitution fine and granted him 110 days' total presentence credit.
Appellant was represented by counsel throughout the proceedings.
Before appellant pleaded guilty, the court advised him of the constitutional rights he would be waiving and the direct consequences of his plea. Appellant expressly waived his constitutional rights and knowingly and voluntarily pleaded guilty.
There was no sentencing error that would accrue to the benefit of appellant.
There are no legal issues that require further briefing.
The judgment is affirmed.
We concur:
Kline, P. J.
Haerle, J.
Page 1 California DUI Attorneys
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