THE PEOPLE v. DONALD LASHAWN ARMSTRONG (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

INTRODUCTION

Defendant Donald Lashawn Armstrong appeals from a judgment entered after he pled no contest to possession for sale of phencyclidine.   The plea followed the denial of his suppression motion under Penal Code section 1538.5.   We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant was charged by information with possession for sale of phencyclidine (Health & Saf.Code, § 11378.5) and sale of phencyclidine (id., § 11379.5, subd. (a)), with special allegations he had previously suffered a serious or violent felony conviction, making him subject to sentencing under the “Three Strikes” law (Pen.Code, §§ 667, subds.(b)-(i), 1170.12), and a prior drug conviction within the meaning of Health and Safety Code section 11370.2, subdivision (c).  The information also specially alleged defendant had previously served six separate prison terms for felonies under Penal Code section 667.5, subdivision (b).  Defendant pleaded not guilty to the charges and denied the special allegations.

Defendant filed a motion to suppress evidence (Pen.Code, § 1538.5), which was heard and denied.   According to the hearing evidence, sheriff's deputies initiated a traffic stop of defendant's car after watching him talking on his cellular telephone and noticing an inoperable tail light.   Defendant was alone in the car.   As they approached defendant's car, Deputy Nathan Grimes saw defendant reaching under the seat.   Fearing for his safety, Deputy Grimes ordered defendant at gunpoint to show his hands.   Defendant complied, and Deputy Grimes had him step out of the car.   Deputy Grimes asked defendant if he had anything illegal on his person or in the car.   Defendant replied, “No. Go ahead and check.”   Deputy Grimes conducted a pat search of defendant and placed him in the patrol car.   Deputy Grimes's partner searched the car and found two small glass bottles containing phencyclidine.

The trial court denied the suppression motion, finding that defendant was properly detained following a valid traffic stop and voluntarily consented for his car to be searched.

Following the denial of the motion, defendant entered a negotiated plea of no contest to possession for sale of phencyclidine (count 1).   In return, defendant was sentenced to the term of six years (double the three-year lower term) and the remaining counts and special allegations were dismissed on the People's motion.

Defendant timely filed his notice of appeal, limited to challenging the denial of his motion to suppress evidence, which did not require him to file a certificate of probable cause.  (See Pen.Code, § 1237.5.)

DISCUSSION

We appointed counsel to represent defendant on appeal.   After examination of the record, counsel filed an opening brief in which no issues were raised.   On December 16, 2010, we advised defendant 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 defendant'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, 118-119;  People v. Wende (1979) 25 Cal.3d 436, 441.)

DISPOSITION

The judgment is affirmed.

We concur:

WOODS, Acting P. J. ZELON, J.