Opinion
A101672
10-30-2003
THE PEOPLE, Plaintiff and Respondent, v. KENNETH EUGENE CLINE, Defendant and Appellant.
Kenneth Cline appeals from a judgment of conviction entered upon a plea of nolo contendere. Appellants court-appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
A complaint filed in the consolidated court of San Mateo County charged appellant with possession of methamphetamine for sale (Health & Saf. Code, § 11378) and possession of stolen property (Pen. Code, § 496, subd. (a)).
The complaint charged Lisa Wasson as a codefendant. The court granted the prosecutions motion to dismiss the charge against Wasson as a condition of appellants plea bargain.
Unless otherwise indicated, all statutory references are to the Penal Code.
Appellant pleaded nolo contendere to possession of stolen property (§ 496, subd. (a)) with the understanding that the court would sentence him to 16 months in state prison. Pursuant to the terms of the plea, the court then granted the prosecutions motion to dismiss the remaining count (Health & Saf. Code, § 11378).
As agreed, the court sentenced appellant to the mitigated term of 16 months in state prison for possession of stole property (§ 496, subd. (a)). The court ordered appellant to pay a $200 restitution fine and eventually granted him eight days total presentence credit.
Before appellant entered his plea, the court advised him of the constitutional rights he would be waiving and the direct consequences of his plea. Appellant expressly waived his constitutional rights and knowingly and voluntarily pleaded nolo contendere.
Appellant was represented by counsel throughout the proceedings.
There was no sentencing error that accrued to the detriment of appellant.
There are no issues that require further briefing.
The judgment is affirmed.
We concur: Marchiano, P. J., Margulies, J.