THE PEOPLE v. DENISE TETT (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Susan L. Ferguson, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

The information charged Denise Tett with one count of sale or transportation of marijuana in violation of subdivision (a) of Health and Safety Code section 11360 (count 1) and one count of possession of marijuana for sale in violation of Health and Safety Code section 11359 (count 2).   Tett pleaded not guilty.

Tett moved, pursuant to Evidence Code section 1043 and 1045, for disclosure of records of certain forms of alleged misconduct by two of the police officers involved in her apprehension.   The court conducted an in camera hearing and ordered that some documents be disclosed.   Tett also moved for disclosure of the observation post from which law enforcement officers claimed to have seen her commit the charged crimes.   The court conducted an in camera hearing and denied the motion but did allow defense counsel, on cross-examination, to ask the officers various general questions about the location of the observation post.

The jury convicted Tett on count 1 and acquitted her on count 2 but found her guilty of the lesser included offense of possession of more than 28.5 grams of marijuana in violation of Health and Safety Code section 11357, subdivision (c).  The court placed Tett on formal probation for three years subject to various conditions including that she serve 90 days in jail, less 24 days of presentence custody credit (12 days actual time plus 12 days good time/work time).   The court also ordered Tett to provide DNA samples and imposed certain statutory fines and fees.   Tett timely appealed.

Police officers testified at trial that on the day in question they were conducting surveillance on a residence in Los Angeles.   They saw Tett in the front yard of the residence, and, when a red pickup truck pulled up and stopped in front of the residence, Tett approached the truck, was handed money by the driver, walked to a nearby trashcan, opened a bag inside the trashcan from which she took out a small object, and returned to the truck and handed the object to the driver.   Other officers stopped the truck a few blocks away and found the driver in possession of marijuana in a small plastic bag with a distinctive design on it.   Tett was then arrested, and a search of the trashcan revealed a paper bag containing more than 20 small plastic bags containing marijuana, all bearing the same distinctive design.

We appointed counsel to represent Tett on appeal.   After examination of the record, counsel filed an opening brief raising no issues and asking us independently to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.   On April 5, 2011, we advised Tett that she had 30 days within which to personally submit any contentions or issues that she wished us to consider.   No response has been received to date.

We have examined the entire record, including the sealed portions thereof, and are satisfied that appellant's attorney has fully complied with her responsibilities and that no arguable issues exist.  (People v. Kelly (2006) 40 Cal.4th 106, 119, 124.)

DISPOSITION

NOT TO BE PUBLISHED.

We concur:

MALLANO, P. J. JOHNSON, J.