Opinion
D072588
02-07-2018
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL EDWARD AMES, Defendant and Appellant.
Leslie A. Rose, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. SCD268681) APPEAL from a judgment of the Superior Court of San Diego County, Michael S. Groch, Judge. Affirmed. Leslie A. Rose, under appointment by the Court of Appeal for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Michael Edward Ames appeals a judgment following his guilty plea to one count of burglary (Pen. Code, § 459) and his admission that he had a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, & 668).
All statutory references are to the Penal Code.
FACTUAL AND PROCEDURAL BACKGROUND
The statements of fact in this opinion are based on information contained in the probation report.
Counts 2 and 3.
During the weekend of February 15 and 16, 2015, Ames entered an unattended Sharp HealthCare parking structure. A surveillance camera showed Ames multiple times, wearing different clothing each time except for the same black shorts. He used two different bolt cutters to break the lock on a latch to a storage area. He stole a key machine, two racks, one drill, drill bits, and four blank keys. Count 1.
On December 12, 2015, a Sharp HealthCare surveillance camera showed Ames attempting to force entry into the same storage area. He used a drill on the lock securing the storage area's gate, which lock was a more durable lock than the previous one. Police found a drill and drill bits with metal shavings in his car. Information.
In October 2016, an information charged Ames with two counts of burglary (§ 459) and one count of grand theft of personal property over $950 (§ 487, subd. (a)). The information also alleged that Ames had five prison prior convictions (§ 667.5, subd. (b)) and two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, & 668). Guilty plea.
Because the second burglary count (count 2) was designated as an attempted burglary during the preliminary hearing, we presume for purposes of this appeal that the information would have been amended or otherwise corrected to reflect that charge had the case proceeded to trial. Count 2 and the grand theft count (count 3) were subsequently dismissed pursuant to Ames's plea agreement. --------
In December 2016, pursuant to a plea agreement with a stipulated sentence, Ames pleaded guilty to one count of burglary (count 1) and admitted the truth of one of the prior strike conviction allegations. The plea agreement provided for a stipulated sentence consisting of a middle term of two years for his burglary conviction, which term would be doubled to four years based on his prior strike conviction, plus a consecutive term of one year four months for his conviction in San Diego County Superior Court case No. SCD267570, for a total term of five years four months. As part of his guilty plea, Ames waived his right to appeal issues relating to his prior strike conviction and his stipulated sentence. His plea also included, inter alia, a waiver under People v. Harvey (1979) 25 Cal.3d 754. The trial court questioned Ames regarding the plea agreement and waiver of his constitutional rights, found a factual basis for his plea, found that his plea was freely and voluntarily made, and accepted his guilty plea and admission of the prior strike conviction allegation. Sentencing.
The trial court sentenced Ames to a total term of five years four months for both cases, imposed a $1,200 restitution fine pursuant to section 1202.4, subdivision (b), and imposed other fees and fines. At a subsequent contested restitution hearing, the court awarded $5,401 to Sharp HealthCare and $476 to Ernest Matteotti, its employee. Notice of appeal.
On July 17, 2017, Ames filed a notice of appeal challenging his sentence, the validity of his plea, and other matters. His accompanying request for a certificate of probable cause stated, inter alia, that he disputed the amount of the restitution requested by Sharp HealthCare. The trial court denied his request for a certificate of probable cause.
DISCUSSION
Ames's appointed counsel has filed a brief summarizing the facts and proceedings post. Counsel presents no argument for reversal of the judgment, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). To assist our review, counsel cites Anders, and identifies the following possible, but not arguable, issues: (1) the validity of Ames's waiver of his right to appeal; (2) the constitutional validity of his guilty plea; (3) whether the trial court abused its discretion by denying his request for a certificate of probable cause; (4) whether the court abused its discretion in awarding restitution; (5) whether the court erred by awarding restitution related to the dismissed counts; and (6) whether he was denied effective assistance of counsel.
We granted Ames permission to file a supplemental brief on his own behalf, but he has not responded. A review of the record pursuant to Wende and Anders has disclosed no reasonably arguable appellate issues. Ames was competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
AARON, J. WE CONCUR: BENKE, Acting P. J. O'ROURKE, J.