P. v. Mallory CA4/1

Filed 4/26/13 P. v. Mallory CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D062556
Plaintiff and Respondent,
v. (Super. Ct. No. SCD240407)
LARRY GLENN MALLORY,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County,
Dwayne K. Moring, Judge. Affirmed.
INTRODUCTION
Larry Glenn Mallory entered a negotiated plea of guilty to possession of
methamphetamine for sale (Health & Saf. Code, § 11378). He also admitted having a
prior conviction for selling a controlled substance. (Health & Saf. Code, § 11370.2, subd.
(c).) Consistent with the terms of the plea agreement, the trial court sentenced Mallory to
five years in local custody. Additionally, in exchange for his guilty plea and at the
district attorney's request, the trial court dismissed another charge and seven other
sentence enhancement allegations.
Mallory appeals. He requested and received a certificate of probable cause. His
appellate counsel requested we conduct an independent review of the record pursuant to
People v. Wende (1979) 25 Cal.3d 436. Having done so and having identified no
reasonably arguable appellate issues, we affirm the judgment.
BACKGROUND
In the plea agreement and during the plea colloquy, Mallory admitted he possessed
methamphetamine for sale and had previously been convicted of possessing a controlled
substance for sale. According to the probation report, San Diego police narcotics officers
saw Mallory conduct a hand-to-hand transaction with two men in the parking lot of a fast
food restaurant.
Uniformed officers were called to the scene to speak with Mallory. When the
officers attempted to handcuff Mallory, he started to pull away as if he was going to run.
The officers detained him and searched him based on a valid Fourth Amendment waiver.
They found two cell phones, $94 in cash, 14 baggies of methamphetamine totaling 1.31
grams, and four baggies of cocaine totaling .73 grams. They also found 18 packets of
marijuana totaling 13.4 grams in his backpack.
After his guilty plea and before the trial court sentenced him, Mallory requested
new counsel under People v. Marsden (1970) 2 Cal.3d 118. After conducting a closed
hearing, the trial court denied the request.
DISCUSSION
Appointed appellate counsel filed a brief summarizing the facts and proceedings
below. Counsel presented no argument for reversal, but requested we review the record
for error as mandated by People v. Wende, supra, 25 Cal.3d 436, 440-442. There were
no possible, but not reasonably arguable appellate issues identified in the brief. (See
Anders v. California (1967) 386 U.S. 738, 744; People v. Wende, at p. 440; People v.
Feggans (1967) 67 Cal.2d 444, 447.)
We granted Mallory permission to file a brief on his own behalf. He did not do so.
As requested by counsel, we reviewed the record for error and did not find any
reasonably arguable appellate issues. Mallory has been competently represented by
counsel on this appeal.
DISPOSITION
The judgment is affirmed.
MCCONNELL, P. J.
WE CONCUR:
MCDONALD, J.
IRION, J.