Opinion
NOT TO BE PUBLISHED
Santa Clara County Super. Ct. No. EE806779
Duffy, J.
In November 2008, defendant Rafael Alvarez pleaded no contest to one felony count of first degree burglary of an inhabited dwelling house (Pen. Code, §§ 459, 460, subd. (a)) and admitted the allegation that there was an occupant in the dwelling at the time of the burglary (§ 667.5, subd. (c)(21). Defendant was sentenced to a term of two years in prison. Defendant filed a timely appeal. We will affirm the judgment.
Further statutory references are to the Penal Code unless otherwise specified.
FACTUAL AND PROCEDURAL HISTORY
The factual background is derived from the probation officer’s report included in the clerk’s transcript.
At about 8:45 p.m. on October 19, 2008, the victim (Horacio), a resident of an apartment unit on Iris Avenue in Sunnyvale, returned home with a friend (Juan) and observed an unoccupied black Mercedes double-parked in front of Horatio’s building. While Horatio went to a baby sitter's house to pick up his child, Juan observed defendant run down the stairs of the apartment. Juan then entered the apartment unit and discovered that it had been ransacked. Juan went downstairs to look for defendant and saw the black Mercedes take off down Iris Avenue. Juan and Horatio followed the Mercedes to a house, observed that defendant was the only occupant, and got the car’s license plate. Later, Juan positively identified defendant in a photo lineup as the person he had seen leaving his friend’s apartment. Missing from Horatio’s residence was a Kodak digital camera and $700 cash.
Defendant was charged by complaint filed October 25, 2008, with one count of first degree burglary of an inhabited dwelling house (§§ 459, 460, subd. (a)). The complaint contained the further allegation that a person other than an accomplice was present in the dwelling at the time the offense was committed, within the meaning of section 667.5, subdivision (c)(21). On November 14, 2008, defendant waived preliminary hearing, pleaded no contest to the first degree burglary count, and admitted the enhancement, with the understanding that (1) he would receive a sentence of no more than two years in prison, and (2) no further charges would be filed against him in connection with another burglary occurring in Sunnyvale in June 2008. Before accepting the plea, the court apprised defendant fully of the rights he was giving up as a result of his no contest plea and concerning the consequences of that plea. Counsel stipulated that there was a factual basis for the plea. The court held defendant to answer and certified the case to the superior court for sentencing.
On March 26, 2009, the court sentenced defendant to two years in prison, granting him 180 days of custody credits. Defendant filed a timely notice of appeal, in which he challenged the sentence or other matters occurring after the plea.
DISCUSSION
We appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief which stated the case and the facts but raised no specific issues. We notified defendant of his right to submit written argument on his own behalf within 30 days. This period has elapsed and we have received no written argument from defendant.
We have reviewed the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436. Based upon that review, we have concluded that there is no arguable issue on appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: Rushing, P.J. Elia, J.