Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Kern County No. MF008627A. John D. Oglesby, Judge.
John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
OPINION
Before Cornell, Acting P.J., Kane, J. and Poochigian, J.
On February 17, 2009, at 9:30 p.m., Kern County Deputy Sheriff William Hull was dispatched to an office supply store in Tehachapi to investigate a report of a burglary. Upon arriving there, Deputy Hull saw the front glass door of the store had been shattered and he was informed by the store’s owner that a gumball machine and a tattoo sticker machine were missing from inside the doorway.
On February 19, 2009, Sheriff’s Deputy Joshua Nicholson interviewed appellant, Justin David Cobb, and Jason Burhenn. Cobb admitted that he and Burhenn broke into the business and took a gumball machine and a tattoo sticker machine. He also took the deputy to a dirt field where the items had been left. Burhenn admitted that he participated in the burglary.
On May 18, 2009, the district attorney filed an information charging Cobb with second degree burglary (Pen. Code, § 459), two prior prison term enhancements (Pen. Code, § 667.5, subd. (b)) and having a prior conviction within the meaning of the three strikes law (Pen. Code, § 667, subds. (b)-(i)).
On July 17, 2009, Cobb filed a motion for a declaration that his prior assault conviction did not qualify as a prior strike conviction within the meaning of the three strikes law.
On July 21, 2009, the court denied the motion.
On July 24, 2009, Cobb pled no contest to second degree burglary and admitted one prior prison term enhancement and the allegations that he had a prior conviction within the meaning of the three strikes law in exchange for a lid of 5 years.
On August 18, 2009, Cobb filed a Romero motion asking the court to strike his prior strike conviction.
People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
On August 21, 2009, the court denied Cobb’s Romero motion. It then sentenced him to an aggregate five-year term, the middle term of two years, doubled to four years because of Cobb’s prior strike conviction, and a consecutive one-year prior prison term enhancement.
Cobb’s appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Cobb has not responded to this court’s invitation to submit additional briefing.
Following independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.