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People v. Davis

California Court of Appeals, Fourth District, First Division
Jan 8, 2008
No. D051414 (Cal. Ct. App. Jan. 8, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. LESTER GLYNN DAVIS, Defendant and Appellant. D051414 California Court of Appeal, Fourth District, First Division January 8, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. SCE 266098. Herbert J. Exarhos, Judge.

IRION, J.

Lester Glynn Davis entered a negotiated guilty plea to one count of residential burglary (Pen. Code, § 459). The court sentenced Davis to prison for a stipulated four-year middle term. Davis appeals. We affirm the judgment.

FACTS

Davis entered a laundry room attached to an apartment complex and broke into a coin machine with the intent to commit theft.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel 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, counsel lists, as possible but not arguable issues, whether: (1) Davis's waiver of his right to appeal as part of his plea agreement is valid; (2) his guilty plea was constitutionally valid; (3) imposition of the middle term, as a condition of the guilty plea, violated Davis's right to a jury trial under Blakely v. Washington (2004) 542 U.S. 296; (4) the court abused its discretion by denying the request for a certificate of probable cause; and (5) counsel was ineffective.

We granted Davis 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 and Anders v. California, supra, 386 U.S. 738, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Davis has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: NARES, Acting P. J., O'ROURKE, J.


Summaries of

People v. Davis

California Court of Appeals, Fourth District, First Division
Jan 8, 2008
No. D051414 (Cal. Ct. App. Jan. 8, 2008)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. LESTER GLYNN DAVIS, Defendant and…

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

Date published: Jan 8, 2008

Citations

No. D051414 (Cal. Ct. App. Jan. 8, 2008)