Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Stanislaus County No. 1053999, Hurl W. Johnson III, Judge.
Catherine Campbell, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Wiseman, A.P.J., Cornell, J., and Dawson, J.
STATEMENT OF CASE
On October 23, 2003, an information was filed charging appellant, Debra Marcella Calhoun, with felony petty theft with a qualifying prior conviction (Pen. Code, § 666, count one). The information further alleged three prior prison term enhancements (§ 667.5, subd. (b)).
Unless otherwise noted, all statutory references are to the Penal Code.
Appellant waived her right to a preliminary hearing in an earlier proceeding.
On June 3, 2004, appellant entered into a plea agreement whereby she would receive a two-year prison term unless she failed to appear for sentencing, in which case she would be sentenced to prison for four years. The court advised appellant of the consequences of her plea and advised appellant of her constitutional rights pursuant to Boykin v. Alabama (1969) 395 U.S. 238 and In re Tahl (1969) 1 Cal.3d 122. Appellant waived her rights and pled guilty to felony petty theft. Appellant admitted one prior prison term enhancement. The parties stipulated there was a factual basis for appellant’s plea.
The factual basis for appellant’s plea was that she was shopping in a Wal-Mart. Appellant removed a digital camera from its packaging and concealed part of it on her person and another part in her shopping basket. Appellant paid for the items in her shopping basket, but not for the digital camera. When apprehended by a loss prevention officer, appellant admitted stealing the digital camera without paying for it.
Appellant was ordered to return to court on July 9, 2004. The court again advised appellant that her failure to appear for sentencing would result, in accordance with the plea agreement, in a prison sentence of four years. On July 9, 2004, appellant failed to appear and the court issued a bench warrant for her arrest.
Appellant was eventually arrested, apparently in late October 2008. On November 21, 2008, the court sentenced appellant to prison for the upper term of three years plus one year for the prior prison term enhancement. Appellant filed a timely notice of appeal, securing a certificate of probable cause.
Appellant’s appointed appellate counsel has filed an opening brief that summarizes the pertinent facts, raises no issues and requests this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that appellant was advised she could file her own brief with this court. By letter on May 28, 2009, we invited appellant to submit additional briefing. To date, she has not done so.
After independent review of the record, we have concluded there are no reasonably arguable legal or factual issues.
DISPOSITION
The judgment is affirmed.