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People v. Carter

California Court of Appeals, Fourth District, First Division
Apr 4, 2008
No. D051436 (Cal. Ct. App. Apr. 4, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. DAMON MICHAEL CARTER, Defendant and Appellant. D051436 California Court of Appeal, Fourth District, First Division April 4, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County, Bernard E. Revak, Judge. (Retired Judge of the San Diego S.Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.). Super. Ct. No. SCD206956.

McINTYRE, J.

Damon Michael Carter entered a negotiated guilty plea to receiving stolen property (Pen. Code, § 496, subd. (a)) while out of custody on bail (Pen. Code, § 12022.1, subd. (b)). The court imposed a stipulated five-year prison term (the three-year upper term for receiving stolen property and two years for the enhancement), to be served consecutively to his sentence in another case. Carter appeals.

BACKGROUND

While he was out on bail, Carter possessed property he knew to be stolen.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. He presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, he lists, as possible but not arguable issues, whether Carter's upper term sentence comported with his right to a jury trial and whether any claim of error is precluded by the plea agreement's stipulated sentence or waiver of the right to appeal.

We granted Carter permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Carter has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: NARES, Acting P. J. HALLER, J.


Summaries of

People v. Carter

California Court of Appeals, Fourth District, First Division
Apr 4, 2008
No. D051436 (Cal. Ct. App. Apr. 4, 2008)
Case details for

People v. Carter

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. DAMON MICHAEL CARTER, Defendant…

Court:California Court of Appeals, Fourth District, First Division

Date published: Apr 4, 2008

Citations

No. D051436 (Cal. Ct. App. Apr. 4, 2008)