THE PEOPLE v. JAMES FOSTER (2010)

Court of Appeal, Second District, California.

THE PEOPLE, Plaintiff and Respondent, v. JAMES FOSTER, Defendant and Appellant.

B220538

Decided: December 20, 2010

Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

On the afternoon of July 20, 2009, narcotics officers watched James Foster engage in a hand-to-hand sale of rock cocaine. Officers arrested the buyer, Deshawn Lawson, and then approached Foster to arrest him. When Foster saw police, he dropped a bindle of rock cocaine on the ground. While Foster was being transported to the police station, he removed a bindle of rock cocaine from his waistband and left it on the back seat of the police car.

A jury convicted Foster ¹ of selling cocaine base (Health & Saf.Code, § 11352, subd. (a)). The trial court sentenced Foster to the middle term of four years in state prison, doubled under the “Three Strikes” law. The court ordered Foster to pay a $30 security assessment and a $200 restitution fine. A parole revocation fine was imposed and suspended pursuant to Penal Code section 1202.45. Foster received presentence custody credit of 175 days (117 actual days and 58 days of conduct credit).²

Foster timely filed a notice of appeal. We appointed counsel to represent Foster on appeal. After examination of the record counsel filed an opening brief in which no issues were raised. On September 15, 2010, we advised Foster he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received to date.

We have examined the entire record and are satisfied Foster's attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

We concur:

FOOTNOTES

FN1. Codefendant Lawson is not a party to this appeal.. FN1. Codefendant Lawson is not a party to this appeal.

FN2. Pursuant to the trial court's nunc pro tunc order dated August 12, 2010.. FN2. Pursuant to the trial court's nunc pro tunc order dated August 12, 2010.

ZELON, J. JACKSON, J.

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