THE PEOPLE v. JEFFERDICK VEGA (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Defendant and appellant Jefferdick Vega appeals from the judgment entered against him following his plea of no contest to one count of possession of cocaine.  (Health & Saf.Code, § 11350, subd. (a).)

Appellant entered his plea after the denial of his motion to suppress evidence under Penal Code section 1538.5.

This was a warrantless search.   At the preliminary hearing and hearing on the Penal Code section 1538.5 motion, Los Angeles Police Department Officer Joshua Garcia testified that he observed appellant while conducting a night-time patrol in the area of Motor Avenue and Regent Street, due to recent vehicle break-ins and bicycle thefts in the area.   Appellant was riding a bicycle which was not equipped with a front headlight or a rear tail light.   He had a backpack, commonly used to store stolen items, and a flashlight which was illuminated intermittently, with the beam pointed down.   The flashlight was not being used to illuminate the road, and Officer Garcia believed that appellant might be looking into vehicles.   He detained appellant for a burglary investigation.   On inquiry, Officer Garcia's partner learned that appellant was on parole.   Appellant was searched, and a bindle of cocaine base was found in his hat.

Appellant testified that he had the flashlight because he had previously been cited for riding a bicycle without a light, and that he was using the flashlight as a road light.   He was using the backpack to carry his clothes.   He had not put cocaine base in his hat, and did not know that it was there.

After the motion was denied, appellant was advised of his rights and of the consequences of a plea.   He waived his rights and entered a plea.   He was sentenced to three years of formal probation pursuant to Penal Code section 1210.1, et seq.  (“Proposition 36”) and 56 days in County Jail. The court imposed a $30 court security assessment, a $200 assessment fee pursuant to Penal Code section 1210.1, a restitution fine of $200, and a $50 fine plus $85 penalty assessment pursuant to Health and Safety Code section 11372.5.

We appointed counsel to represent appellant on appeal.   On January 19, 2011, after examination of the record, counsel filed an opening brief in which no issues were raised.   Before that date, counsel wrote to appellant, explaining her intent to file this brief and informing appellant that he could submit a supplemental brief on his own behalf.   Counsel also sent appellant a copy of the record on appeal and the brief.   On January 24, 2011, we advised appellant that he had 30 days in which to submit by brief or letter any argument or contention he wished this court to consider.   No response has been received from appellant to date.

We have examined the entire record and are satisfied that appellant's attorney has fully complied with her responsibilities and that no arguable issues exist.  (People v. Wende (1979) 25 Cal.3d 436, 441.)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

We concur:

TURNER, P. J. KRIEGLER, J.