Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 07F5455
SCOTLAND, P.J.
Defendant Leah Burns was charged with 27 counts of theft-related offenses, including second degree burglaries, passing counterfeit checks, and felony petty theft. It was further alleged that she had served two prior prison terms.
Defendant entered negotiated pleas of guilty to four counts of felony petty theft (petty theft committed by a person who has previously been convicted of a theft-related offense), admitted having served a prior prison term, and agreed that she would be sentenced to a term of six years in state prison and that the other charges against her would be dismissed with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754).
At a subsequent proceeding, defendant indicated she wanted to withdraw her plea because she felt that her attorney had not been “on [her] side” and she believed she had a defense to the charges. After holding a Marsden hearing (People v. Marsden (1970) 2 Cal.3d 118), the court denied defendant’s request for a new court-appointed attorney, and then continued the matter to allow defendant time to hire “[her] own private counsel” to pursue a motion to withdraw her plea if she desired to do so. Thereafter, defendant did not retain counsel and did not move to set aside her pleas and admission.
Consistent with the plea agreement, the court sentenced her to an aggregate prison term of six years, with 97 days of presentence custody and conduct credits, and ordered her to pay a restitution fine of $1,000 (Pen. Code, § 1202.4) and administrative fee (Pen. Code, § 1202.4, subd. (l), another restitution fine of $1,000 that was stayed unless parole is revoked (Pen. Code, § 1202.45), and a court security of $20 for each conviction (Pen. Code, § 1465.8); to pay victim restitution in an amount later to be determined; and to provide a biological sample for law enforcement identification analysis (Pen. Code, § 296).
Defendant appeals, but did not obtain a certificate of probable cause. (Pen. Code, § 1237.5.)
We appointed counsel to represent her on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks us to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
The judgment is affirmed.
We concur: SIMS, J. ROBIE, J.