Opinion
E052934
08-03-2011
THE PEOPLE, Plaintiff and Respondent, v. BRADLEY EARL LOTT, Defendant and Appellant.
Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super.Ct.No. FMB700355)
OPINION
APPEAL from the Superior Court of San Bernardino County. William Jefferson Powell IV, Judge. Affirmed.
Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant and appellant Bradley Earl Lott appeals from a guilty plea and modification of sentence. We affirm.
FACTUAL AND PROCEDURAL HISTORY
Defendant was charged with the following offenses: grand theft of personal property (count 1—§ 487, subd. (a)); receiving or possessing stolen property (count 2— § 496, subd (a)); and false impersonation (count 3—§ 529). A codefendant was also charged in these and other counts. It was further alleged defendant's criminal history included two prior strikes (§§ 1170.12, subd. (a)-(d), 667, subd. (b)-(i)) and two prior prison terms (§ 667.5, subd. (b)).
On August 9, 2007, the complaint was amended to add count 10, another charge of receiving or possessing stolen property (§ 496, subd. (a)). Pursuant to a written plea agreement, defendant then pled guilty to counts 1, 2, 3, and 10 and admitted one of the prior strikes. The parties stipulated to a factual basis for the plea. All other counts and allegations were dismissed and stricken.
The court followed the plea agreement by sentencing defendant to a total term of 10 years in state prison. To reach the total term, the court imposed three years on count 1, doubled to six years as a result of the strike. As to counts 2, 3, and 10, the court imposed one third the middle term of eight months on each count, all doubled to 16 months as a result of the strike. All terms were imposed consecutively.
On June 4, 2008, the department of corrections sent a letter to the court indicating an unauthorized sentence may have been imposed on count 1, grand theft. The court imposed three years on this count, but a three-year term was not included in the sentencing range for the offense. On June 18, 2008, the court issued a corrected minute order retaining the total term of 10 years pursuant to the plea agreement, but modifying the calculation used to reach the total term. The corrected minute order only changes the sentence imposed on count 1 to the upper term of six years rather than the three-year term doubled to six years that was previously imposed. The doubled terms of 16 months consecutive on each of counts 2, 3, and 10 were not changed. A corrected abstract of judgment was not issued until December 7, 2010.
DISCUSSION
On February 7, 2011, defendant filed a notice of appeal indicating he wished to challenge the court's modification of his sentence on December 7, 2010. He requested a certificate of probable cause, but it was denied by the trial court on February 7, 2011. We appointed counsel to represent defendant on appeal. Appointed counsel on appeal has filed a brief under People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738, setting forth the facts and procedural history, raising no specific issues, and requesting this court to conduct an independent review of the record. On May 23, 2011, we offered defendant an opportunity to file a personal supplemental brief, which he failed to do. We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER
J.
We concur:
HOLLENHORST
Acting P. J.
McKINSTER
J.