Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County, Patricia K. Cookson, Judge. Affirmed. Super. Ct. No. SCE284193
NARES, J.
Shawn Albin entered a negotiated guilty plea to commercial burglary (Pen. Code, § 459) and admitted a strike (§ 667 subds. (b)-(i)) and a prior prison term (§ 667.5, subd. (b)). The court sentenced him to a stipulated five-year term in prison: four years for burglary (twice the middle term) and one year for the prison prior. Albin appeals. We affirm.
Statutory references are to the Penal Code.
BACKGROUND
On September 19, 2008, Albin entered a Home Depot store with the intent to commit theft.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. He presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738.
We granted Albin permission to file a brief on his own behalf. He has responded with the following contentions. "[N]o penal code section is stated on the record" so it cannot be determined whether his Oregon conviction qualified as a strike. He pleaded guilty to attempted burglary, not burglary. He was not prescribed needed psychotropic medication before he admitted the prior convictions and this affected his judgment and concentration. He was not advised of his privilege against self incrimination, the court did not orally explain his constitutional rights and he did not voluntarily and intelligently waive his rights.
The trial court denied Albin's request for a certificate of probable cause. This court therefore limited the issues on appeal to sentencing and other post plea matters and the denial of any suppression motion. The issues Albin now raises are not within that limitation. Moreover, his contentions lack merit as discussed below.
The Strike
The change of plea form lists the strike as "21112/19/94 940835704 Circuit Ct Multnomah, OR." At the hearing the court referred to the strike as "a robbery strike prior from 1994." It then asked Albin if he admitted the Oregon conviction was "a serious or violent California strike prior." Albin said "I admit."
The Burglary
The factual basis for the plea, as stated on the change of plea form and at the hearing, was that Albin entered Home Depot "with the intent to commit a theft and attempted to do so." The phrase "attempted to do so" refers to an attempt to commit a theft, not an attempt to commit a burglary. Furthermore, the record refers to section 459 which sets forth the offense of burglary, not attempted burglary.
The Plea
Albin signed the change of plea form under penalty of perjury and testified at the change of plea hearing. The transcript of the hearing shows he was fully involved in the proceedings and gave clear and complete answers to the court's questions. Albin said he went over the form with counsel; read, understood, initialed and signed it; and was satisfied with counsel's efforts on his behalf. The form described Albin's constitutional rights, including the privilege against self incrimination, and he initialed the box next to each listed right. The court asked Albin if he waived those rights and he said "I do." The court was not required to explain the rights orally. (People v. Ramirez (1999) 71 Cal.App.4th 519, 521-522.) It gave Albin an opportunity to ask questions at the hearing and he declined. Albin testified he was entering the plea freely and voluntarily because he believed it was in his best interest. He initialed a box on the form indicating his judgment was not impaired and there is no evidence of any impairment of his judgment or concentration. The record shows Albin voluntarily and intelligently waived his rights before he entered the negotiated guilty plea and admitted the priors.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 has disclosed no reasonably arguable appellate issues. Albin has been competently represented by counsel on this appeal.
DISPOSITION
Judgment affirmed.
WE CONCUR: BENKE, Acting P. J., AARON, J.