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People v. Anderson-Boyko

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Jun 25, 2012
E054816 (Cal. Ct. App. Jun. 25, 2012)

Opinion

         NOT TO BE PUBLISHED

         APPEAL from the Superior Court of Riverside County No. RIF10002802 John D. Molloy, Judge.

          Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant.

          No appearance for Plaintiff and Respondent.


          OPINION

          MCKINSTER J.

         INTRODUCTION

         On June 18, 2010, a felony complaint charged defendant and appellant Leticia Maria Anderson-Boyko with theft under Penal Code sections 484, subdivision (a) and 666. On September 2, 2011, the complaint was orally amended to add a count of second degree burglary under section 459. Thereafter, defendant pled guilty to the charge of second degree burglary, in exchange for a stipulated low term to be served concurrently to any other commitment. Moreover, count 1 for felony theft was dismissed in the interest of justice under section 1385.

All statutory references are to the Penal Code unless otherwise specified.

         The trial court sentenced defendant immediately following the plea. The court imposed the stipulated low term of 16 months. Defendant received credit for actual time served of 200 days, and conduct credit of 200 days, for a total of 400 days. The court then ordered defendant to pay a restitution fine of $200 under section 1202.4, subdivision (b), and a matching parole revocation fine of the same amount, stayed under section 1202.45. The trial court also ordered security and booking fees, and a criminal conviction assessment fee. The court, however, found that defendant did not have the ability to repay the county for attorney fees.

         On October 20, 2011, defendant filed a timely notice of appeal. She requested a certificate of probable cause, which was granted.

         STATEMENT OF FACTS

         In pleading guilty to the charge of burglary, defendant admitted that on May 30, 2010, she entered a building on Canyon Crest Drive in Riverside, with the intent to commit a felony or steal.

         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

          We concur: RAMIREZ P.J., KING J.


Summaries of

People v. Anderson-Boyko

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Jun 25, 2012
E054816 (Cal. Ct. App. Jun. 25, 2012)
Case details for

People v. Anderson-Boyko

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. LETICIA MARIA ANDERSON-BOYKO…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

Date published: Jun 25, 2012

Citations

E054816 (Cal. Ct. App. Jun. 25, 2012)