Opinion
NOT TO BE PUBLISHED
Ventura County No. 2009023544, Charles W. Campbell, Judge.
California Appellate Project, Jonathan B. Steiner, Executive Director, Suzan E. Hier, Staff Attorney, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
PERREN, J.
David Manning, Jr., appeals the judgment entered after he pleaded guilty to second degree burglary (Pen. Code, § 459) and admitted suffering a prior strike conviction and serving five prior prison terms (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b)). Pursuant to a negotiated plea, the trial court sentenced him to a total term of seven years in state prison, consisting of the midterm of two years for the burglary and consecutive one-year terms for each of the prison priors. The strike prior was stricken. Appellant was also ordered to pay $14,974.79 in victim restitution, a $200 restitution fine, a $38 fine pursuant to section 1202.5, and a $38 fine pursuant to section 1465.8 and Government Code section 70373. He was awarded 243 days of presentence custody credit. His request for a certificate of probable cause was denied.
All statutory references are to the Penal Code unless otherwise stated.
Because appellant pleaded guilty prior to trial, the relevant facts are derived from the preliminary hearing transcript and the probation report.
At 4:30 p.m. on Friday, May 29, 2009, Solid Waste Solutions employee David Nixon locked the door and deadbolt at the business in Thousand Oaks before he left for the day. Nixon returned at 7:20 a.m. the following Monday morning to discover that someone had pried open the door and stolen approximately $15,000 worth of electronic items and accessories.
A palm print found on a computer monitor cover was run through an automated fingerprint identification system that provided a list of the 10 most likely sources. After appellant was identified as the most likely source of the print, it was found to match the print registered to him by the Department of Justice.
When appellant was arrested at his home in Los Angeles County on June 24, 2009, a crowbar was found in his car. The police told appellant about the print, and also falsely claimed to have DNA evidence connecting appellant to the crime. Appellant denied that the print was his and claimed he was in Inglewood when the crime was committed.
We appointed counsel to represent appellant in this appeal. After counsel’s examination of the record, she filed an opening brief in which no issues were raised.
On April 7, 2010, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. Appellant did not respond.
We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
We concur: YEGAN, Acting P.J., COFFEE, J.