Opinion
E052614
08-25-2011
THE PEOPLE, Plaintiff and Respondent, v. SHAUN PATRICK DAVENPORT, Defendant and Appellant.
Patrick E. DuNah, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super.Ct.Nos. RIF149768 &
SWF10001213)
OPINION
APPEAL from the Superior Court of Riverside County. Mark Mandio, Judge. Affirmed.
Patrick E. DuNah, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant and appellant Shaun Patrick Davenport appeals from the judgment in two cases in which he pled guilty to certain charges and allegations, challenging the sentences or other matters occurring after the plea. We find no error in either case and affirm the judgments.
I
FACTUAL AND PROCEDURAL BACKGROUND
The factual background is taken from the probation officer's report.
In August 2008, defendant used his company credit card to get unauthorized unleaded gasoline for his personal vehicle. A review of the company billing statements showed that defendant had used a total of $419.48 toward the purchase of gasoline for his personal vehicle.
Following a preliminary hearing, defendant was charged with one count of embezzlement (Pen. Code, § 503) and one count of grand theft (Pen. Code, § 487, subd. (a)). The information further alleged that defendant had sustained one prior prison term (Pen. Code, § 667.5, subd. (b)) and one prior serious and violent felony conviction (Pen. Code, §§ 667, subd. (c) & (e)(1), 1170.12, subd. (c)(1)).
On October 25, 2010, pursuant to a plea agreement, defendant pled guilty to the embezzlement charge and admitted that he had sustained one prior strike conviction in exchange for a stipulated sentence of one year four months and the dismissal of the remaining charges. The court found that the guilty plea was entered into freely and voluntarily and that defendant knowingly and intelligently waived his rights.
The factual background for case No. SWF10001213 is taken from the preliminary hearing transcript.
On February 10, 2010, defendant threatened to kill two individuals with a knife. Defendant yelled profanities at one victim and, while holding a knife, told her, "I'm going to get you." He also threatened to stab the other with the knife. Both the victims were in fear for their lives.
Following a preliminary hearing, on July 7, 2010, an information was filed charging defendant with two counts of making a criminal threat (Pen. Code, § 422) with the personal use of a deadly weapon, to wit, a knife (Pen. Code, §§ 12022, subd. (b)(1), 1192.7, subd. (c)(23)). The information further alleged that defendant committed the offenses while out on bail in another matter (Pen. Code, § 12022.1). The information also alleged that defendant had suffered a prior prison term (Pen. Code, § 667.5, subd. (b)), a prior serious felony conviction (Pen. Code, § 667, subd. (a)), and two prior serious and violent felony convictions (Pen. Code, §§ 667, subds. (c)&(e)(2)(a), 1170.12, subd. (c)(2)(a)).
On October 25, 2010, pursuant to a plea agreement, defendant pled guilty to one count of making a terrorist threat while out on bail. Defendant also admitted that he had suffered one prior prison term and a prior strike conviction. In exchange, defendant was promised a stipulated sentence of nine years and the dismissal of the remaining charges. The court found that the guilty plea was entered into freely and voluntarily and that defendant knowingly and intelligently waived his rights.
On November 5, 2010, in both matters, defendant was sentenced in accordance with his plea agreement and awarded credit for time served.
On December 23, 2010, defendant filed a notice of appeal, challenging the sentence or other matters occurring after the plea. The record indicates that he did not request a certificate of probable cause.
II
DISCUSSION
Defendant appealed and, upon his request, this court appointed counsel to represent him. 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 he 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.
III
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RICHLI
J.
We concur:
RAMIREZ
P.J.
HOLLENHORST
J.