Opinion
E054771 Super.Ct.No. RIF1102962
05-31-2012
THE PEOPLE, Plaintiff and Respondent, v. ADRIENNE JEMISE POTTS, Defendant and Appellant.
Helen S. Irza, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
APPEAL from the Superior Court of Riverside County. Richard Todd Fields, Judge. Affirmed.
Helen S. Irza, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
INTRODUCTION
On August 12, 2011, a felony complaint charged defendant and appellant Adrienne Jemise Potts with larceny under Penal Code section 484, subdivision (a). The complaint additionally alleged that defendant had been previously convicted of three or more other theft-related offenses, and had served a term in a penal institution or had been imprisoned as a condition of probation as a result of each of the other offenses under section 666, subdivision (a). The complaint further alleged four prison priors under section 667.5, subdivision (b). On August 30, 2011, the complaint was amended to add a second count—failure to appear at a pretrial hearing under section 853.7.
All statutory references are to the Penal Code unless otherwise specified.
On October 4, 2011, defendant pled guilty to the larceny count; and admitted to the section 666, subdivision (a), enhancements, and to two prison priors under section 667.5, subdivision (b). In exchange, defendant was to receive a total term of three years four months, with execution suspended as to two years, during which time defendant was to be on supervised release. The plea agreement also provided that defendant would receive 16 days credit for time served, and that she did not waive her right to appeal.
After defendant pled guilty, the trial court dismissed the failure to appear count, and two prison prior allegations, in the interest of justice at the request of the prosecution. The trial court then sentenced defendant in accordance with the plea agreement.
On October 17, 2011, defendant filed a timely notice of appeal.
STATEMENT OF FACTS
The complaint alleges that defendant stole miscellaneous merchandise from a Home Depot store on or about July 19, 2011.
ANALYSIS
After defendant appealed, and upon her request, this court appointed counsel to represent her. 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 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, but she has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MCKINSTER
J.
We concur: HOLLENHORST_
Acting P.J.
MILLER_
J.