Opinion
NOT TO BE PUBLISHED
Santa Clara County Super. Ct. No. CC587376
OPINION
Mihara, Acting P.J.
On numerous occasions over a two-year period, defendant stole large amounts of cash from her father-in-law. When he discovered that she was stealing from him, he confronted her, and she apologized and promised to stop. However, she continued to steal from him, and he reluctantly reported her conduct to the police. Her thefts amounted to over $300,000. Defendant had also failed to file income tax returns for several years. Defendant was charged by felony complaint with two counts of grand theft (Pen. Code, §§ 484, 487, subd. (a)) and three counts of willfully failing to file income tax returns with the intent to evade any tax (Rev. & Tax. Code, § 19706). It was further alleged that she had stolen more than $150,000 (Pen. Code, § 12022.6, subd. (a)(2)) from her father-in-law.
In May 2006, defendant pleaded guilty to all five counts and admitted the enhancement allegation as part of a plea agreement under which she faced a maximum prison term of four years. In December 2006, defendant moved to withdraw her pleas on the ground that her trial counsel had not investigated the charges and had not discussed possible defenses with her. She also alleged that the prosecutor had suppressed favorable and exculpatory evidence. Her motion was denied, as was her motion for reconsideration. She was sentenced to four years in state prison and ordered to pay restitution. Defendant filed a timely notice of appeal and a request for a certificate of probable cause. Her request was denied.
Appointed appellate counsel has filed an opening brief which states the case and the facts but raises no issues. Defendant was notified of her right to submit written argument on her own behalf but has failed to avail herself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgment is affirmed.
WE CONCUR: McAdams, J., Duffy, J.