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People v. Daniels

California Court of Appeals, Third District, Glenn
Mar 4, 2008
No. C055528 (Cal. Ct. App. Mar. 4, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. KEVIN DANIELS, Defendant and Appellant. C055528 California Court of Appeal, Third District, Glenn March 4, 2008

NOT TO BE PUBLISHED

Super. Ct. Nos. 06NCR03567, 06NCR04233

RAYE, Acting P.J.

In February 2006 defendant Kevin Daniels reported a home invasion robbery of his residence. He told officers that two men entered the home, demanded money, and beat him with a flashlight. While defendant was at the hospital, he gave officers consent to enter his home and process the crime scene. They found suspected methamphetamine throughout the house. A total of 49.9 grams was recovered. After defendant was released from the hospital and returned home, he consented to a search of the home that yielded two shotguns, a box of ammunition, and $6,640 in cash.

In April 2006, in case No. 06NCR03567, an information was filed alleging possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), possession of a firearm by a convicted felon (Pen. Code, § 12021, subd. (a)), and prohibited possession of ammunition (Pen. Code, § 12316, subd. (b)(1)).

In October 2006 defendant was arrested at his residence on two outstanding felony warrants. A search of his pants pocket incident to his arrest revealed a metal container that contained 5.3 grams of methamphetamine.

In January 2007, in case No. 06NCR04233, an information was filed alleging possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and commission of a new offense while on bail or release from custody (Pen. Code, § 12022.1).

In February 2007 defendant pleaded guilty to both counts of possession of methamphetamine and the count of possession of a firearm by a convicted felon. All remaining counts and allegations were dismissed.

The negotiated disposition also included resolution of four unrelated cases.

In case No. 06NCR03567, defendant was sentenced to state prison for three years eight months and awarded 59 days of custody credit and 37 days of conduct credit . The trial court imposed a restitution fine of $800 (Pen. Code, § 1202.4, subd. (b)) and suspended an additional restitution fine in the same amount pending successful completion of parole (Pen. Code, § 1202.45).

In case No. 06NCR04233, defendant was sentenced to state prison for a concurrent term of three years. No presentence credit was awarded because all accrued credits had been applied to other cases. Defendant was ordered to pay a $600 restitution fine (Pen. Code, § 1202.4, subd. (b)); an additional restitution fine in the same amount was suspended pending successful completion of parole (Pen. Code, § 1202.45).

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: MORRISON , J., CANTIL-SAKAUYE , J.


Summaries of

People v. Daniels

California Court of Appeals, Third District, Glenn
Mar 4, 2008
No. C055528 (Cal. Ct. App. Mar. 4, 2008)
Case details for

People v. Daniels

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. KEVIN DANIELS, Defendant and…

Court:California Court of Appeals, Third District, Glenn

Date published: Mar 4, 2008

Citations

No. C055528 (Cal. Ct. App. Mar. 4, 2008)