From Casetext: Smarter Legal Research

People v. Green

California Court of Appeals, Fourth District, Second Division
Feb 27, 2008
No. E043868 (Cal. Ct. App. Feb. 27, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. EARL ELLIS GREEN, Defendant and Appellant. E043868 California Court of Appeal, Fourth District, Second Division February 27, 2008

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

APPEAL from the Superior Court of Riverside County No. RIF136900. Jean P. Leonard, Judge.

Cindi B. Mishkin, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

OPINION

RAMIREZ P.J.

STATEMENT OF THE CASE

On June 15, 2007, a felony information was filed in the Superior Court of Riverside County charging defendant with one count of felony vandalism, in violation of Penal Code section 594, subdivision (b)(1). The information further alleged defendant had served five separate prior prison terms (§ 667.5, subd. (b)) and had several aggravating sentencing facts.

All further statutory references will be to the Penal Code unless otherwise indicated.

On June 21, 2007, defendant, represented by counsel, pled guilty to count 1 in exchange for the imposition of a three-year prison term, to run concurrent with any parole violation. Following the plea of guilty, the defendant was sentenced to state prison for three years and awarded the appropriate custody credits. In accordance with the negotiated disposition, special allegations were stricken on motion of the district attorney, and in the interests of justice pursuant to section 1385.

Defendant filed a notice of appeal on August 15, 2007.

STATEMENT OF FACTS

The night of May 19, 2007, Riverside County Sheriff’s Officer Daniel Engels was dispatched on a domestic disturbance call. Once at the scene of the disturbance, Officer Engels spoke with Ms. Tyronica Johnson. She told the officer that defendant was her boyfriend; that he had destroyed items inside the residence and vandalized her car. Officer Engels saw defendant, who had blood all over his hands. Defendant told the officer that his hands became bloody from punching his car and that of Ms. Johnson. Many of the windows on Ms. Johnson’s car were broken. In addition, the side mirrors were missing. The replacement value for damages to the vehicle was approximately $2,500. There was also evidence given to the magistrate that the replacement value was less than $400.

DISCUSSION

Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.

We offered defendant an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

DISPOSITION

The judgment is affirmed.

We concur: HOLLENHORST J., MILLER J.


Summaries of

People v. Green

California Court of Appeals, Fourth District, Second Division
Feb 27, 2008
No. E043868 (Cal. Ct. App. Feb. 27, 2008)
Case details for

People v. Green

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. EARL ELLIS GREEN, Defendant and…

Court:California Court of Appeals, Fourth District, Second Division

Date published: Feb 27, 2008

Citations

No. E043868 (Cal. Ct. App. Feb. 27, 2008)