Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of San Bernardino County No. FWV1000838, Stephan G. Saleson, Judge.
Appellate Defenders, Inc. and Stephen S. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RAMIREZ, P.J.
Defendant Dionka Patrice Cook appeals from her conviction and six-year prison term after pleading no contest to four counts of identity theft.
Facts and Procedure
On April 6, 2010, San Bernardino County Sheriff’s deputies served a search warrant on defendant’s home after an investigation spanning several months. Defendant was present at the home, along with her four children. “During a search of the residence, multiple items of ‘identity theft’ were located in the living room, kitchen, master bedroom, upstairs loft/common area, and the vehicle that was parked in the garage.” During the search, defendant’s 15-year-old daughter attempted to leave by the rear of the residence dragging a large suitcase. When asked what she was doing, the daughter stated “my mom told me to take it outside.” The suitcase contained paperwork with information belonging to several identity theft victims.
On April 30, 2010, the People charged defendant with 16 counts of identity theft (Pen. Code, § 530.5, subd. (a)), 28 counts of identifying information theft with a prior (§ 530.5, subd. (c)(2), two counts of receiving stolen property (§ 496, subd. (a)) and one count of displaying or possessing a forged identity card (§ 470b). The People further alleged that defendant had four prison-term priors (§ 667.5, subd. (b)). These priors are as follows: 2001—Theft of access cards or account information (§ 484e) in Riverside County; 2003—Unauthorized use of personal identifying information (§ 530.5) in Los Angeles County; 2004—Unauthorized use of personal identifying information (§ 530.5) in Mendocino County; and 2005—Fraudulent use of access cards or account information (§ 484g) in San Bernardino County.
All section references are to the Penal Code unless otherwise indicated.
On October 20, 2010, defendant pled no contest to four of the identity theft counts and one of the prison term priors. In exchange, the People asked the trial court to dismiss the remaining charges and agreed to a sentence of six years in prison. The trial court granted the dismissals and, upon defendant’s request, immediately imposed the agreed-upon sentence as follows: the upper term of three years on the principal identity theft count, eight consecutive months on the three secondary identity theft counts, and one year consecutive on the prison-term prior. This appeal followed. The trial court granted defendant’s request for a Certificate of Probable Cause.
Discussion
Upon defendant’s request, this court appointed counsel to represent her. 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 she 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.
Disposition
The conviction is affirmed.
We concur: McKINSTER J., KING J.