Opinion
E053340 Super.Ct.No. FSB1100811
08-25-2011
THE PEOPLE, Plaintiff and Respondent, v. JOHN RAY BURNS, Defendant and Appellant.
Gerald J. Miller, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
APPEAL from the Superior Court of San Bernardino County. James M. Dorr, Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.
Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Pursuant to a plea agreement, defendant and appellant John Ray Burns pled guilty to one count of residential burglary and admitted that he had suffered one prior serious or violent felony conviction. In return, the remaining allegations were dismissed, and defendant was sentenced to the stipulated term of four years in state prison with credit for time served. Defendant appeals from the judgment, challenging the sentence or other matters occurring after the plea as well as the validity of the plea and admission. We find no error and affirm the judgment.
I
FACTUAL AND PROCEDURAL BACKGROUND
In February 2011, defendant along with two cohorts committed several residential burglaries in the San Bernardino.
On March 9, 2011, an amended felony complaint was filed charging defendant and his codefendants with two counts of residential burglary (Pen. Code, § 459; counts 1 & 2) for the benefit of, at the direction of, or in association with a criminal street gang (Pen. Code, § 186.22, subd. (b)(1)(B)). The amended complaint also alleged that defendant had suffered a prior serious or violent felony conviction (Pen. Code, §§ 667, subd. (b)-(i), 1170.12, subd. (a)-(d)).
The codefendants are not parties to this appeal.
On that same day, pursuant to a plea agreement, defendant pled guilty to count 1 and admitted that he had sustained one prior strike conviction in exchange for a stipulated two-year sentence, doubled to four years due to the prior strike, and the dismissal of the remaining charges. The court found that the guilty plea was entered into freely and voluntarily and that defendant knowingly and intelligently waived his rights. At defendant's request, sentencing was thereafter immediately imposed. Defendant was sentenced in accordance with his plea agreement and awarded credit for time served. CT 27-29, 36-38, 44-45; RT 2-5, 6-11, 13-15, 18, 20-21}
On April 6, 2011, defendant sent a letter to the trial court, entitled "Motion to Appeal," claiming that he had received ineffective assistance of counsel in connection with his guilty plea.
Defendant filed a notice of appeal, challenging the validity of the plea as well as the sentence or other matters occurring after the plea, and a request for certificate of probable cause on April 21, 2011. The trial court granted the request for certificate of probable cause.
II
DISCUSSION
Defendant appealed and, upon his request, this court appointed counsel to represent him. 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 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to conduct an independent review of the record.
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.
III
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RICHLI
J.
We concur:
RAMIREZ
P.J.
HOLLENHORST
J.