Filed 8/27/14 P. v. Stevens CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D065034
Plaintiff and Respondent,
v. (Super. Ct. No. SCD232817)
DAVID RONALD STEVENS,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Peter C.
Deddeh, Judge. Affirmed.
Mark D. Johnson, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance by Plaintiff and Respondent.
David Ronald Stevens entered a guilty plea to one count of transportation of
methamphetamine (Health & Saf. Code, § 11379, subd. (a)). He admitted three prior
drug trafficking offenses (Health & Saf. Code, § 11370.2, subd. (c)), and five prison prior
convictions (Pen. Code, § 667.5, subd. (b)). The court struck all five prison priors and
sentenced Stevens to a total determinate term of 12 years.
Stevens filed a timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25
Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders) indicating
counsel has not discovered any reasonably arguable issues for reversal on appeal and asks
this court to review the record for error.
We offered Stevens the opportunity to file his own brief on appeal and he has
responded. We will discuss Stevens's issues below.
STATEMENT OF FACTS
On March 7, 2011, Stevens "transported [44.3 grams of] methamphetamine not for
personal use with three priors for sales or transportation and five prison priors."
DISCUSSION
As we have indicated, appellate counsel has filed a brief pursuant to Wende, supra,
25 Cal.3d 436, requesting this court to review the record for error. Additionally, pursuant
to Anders, supra, 386 U.S. 738, counsel has indentified one possible, but not reasonably
arguable issue for our consideration.
First, however, we will deal with the letter brief filed by Stevens on his own
behalf.
Stevens essentially challenges the trial court's exercise of discretion. He argues
his sentence is cruel and unusual given what he describes as the inadequate conditions of
the county jail in which he will serve his sentence. His arguments are based on his
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current perception of the conditions in the jail but are not based on the matters raised in
the trial court. As such they are not properly before this court on appeal. (People v. Scott
(1994) 9 Cal.4th 331, 348-351.) To the extent Stevens believes his current confinement
violates the Eighth Amendment, his remedy, if any, is by way of a petition for writ of
habeas corpus.
We turn then to the Anders, supra, 386 U.S. 738 issue raised by appellate counsel.
The issue raised is whether the trial court erred in failing to impose a split sentence as
recommended by the probation officer. The probation officer's report recommended
imposing a 17-year split sentence, with seven years to be served in custody and the
remaining 10 years to be served in community supervision. The trial court, however,
decided to strike all five prison priors and impose a 12-year term, none of it to be served
under community supervision. This record does not raise a reasonably arguable issue for
reversal on appeal.
We have reviewed the entire record pursuant to Wende, supra, 25 Cal.3d 436, and
Anders, supra, 386 U.S. 738. Our review has not discovered any reasonably arguable
issue for reversal on appeal. Competent counsel has represented Stevens on this appeal.
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DISPOSITION
The judgment is affirmed.
HUFFMAN, J.
WE CONCUR:
BENKE, Acting P. J.
HALLER, J.
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