People v. Pulley

         NOT TO BE PUBLISHED IN OFFICIAL REPORTS

         APPEAL from a judgment of the Superior Court of San Diego County No. SCD 202998, Kerry Wells, Judge.

         IRION, J.

         A jury convicted Deslonde Pulley of selling cocaine (Health & Saf. Code, § 11352, subd. (a)), possession of cocaine for sale (Health & Saf. Code, § 11351.5), and resisting a police officer (Pen. Code, § 148, subd. (a)(1)). Subsequently, Pulley admitted he had a previous serious/violent felony or strike conviction (§ 667, subds. (b)-(i)) and had served a prior prison term (§ 667.5, subd. (b)). The trial court sentenced Pulley to an aggregate term of six years after striking the prior prison term allegation.

         FACTS

         On November 21, 2006, an undercover San Diego police officer approached Pulley on the 500 block of C Street in downtown San Diego and asked if he had a "dub" or $20 worth of cocaine. Pulley said he did not. When the officer asked if Pulley knew anyone who was "serving" or selling cocaine, Pulley responded "maybe." The officer handed Pulley four pre-recorded $5 bills. Pulley walked around the corner after telling the officer to wait. However, the officer followed Pulley from a distance of about one-half block and saw Pulley approach a group of people, including codefendant Burton Staples. Pulley spoke and interacted with Staples. Pulley returned to the location where he and the undercover officer first met and handed the officer .22 gram of cocaine base. The officer gave a signal to nearby uniformed officers to arrest Pulley, who resisted the arrest.

         DISCUSSION

         Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether the trial court abused its discretion in denying Pulley's challenge of the jury panel; (2) whether the court erred in refusing to instruct the jury on the lesser included offense of possession of cocaine; and (3) whether the court abused its discretion by not striking the prior strike conviction.

         We granted Pulley permission to file a brief on his own behalf. He has not responded.

         A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Pulley on this appeal.

         DISPOSITION

         The judgment is affirmed.

         WE CONCUR: HALLER, Acting P. J., McINTYRE, J.