Opinion
E068844
01-09-2018
THE PEOPLE, Plaintiff and Respondent, v. THOMAS ROBERT DILKS, Defendant and Appellant.
Richard Jay Moller, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.No. 16CR055949) OPINION APPEAL from the Superior Court of San Bernardino County. Kyle S. Brodie, Judge. Affirmed. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant and appellant Thomas Robert Dilks pled guilty to first degree burglary and was sentenced to two years in prison. We affirm.
FACTS AND PROCEDURE
During the night of September 29-30, 2016, someone broke into the detached garage at an apartment building and stole the victim's motorcycle, some golf clubs, and tools. On October 1, 2016, defendant crashed the stolen motorcycle after leading police on a chase at speeds up to 120 miles per hour.
On January 24, 2017, the People filed a first amended information charging defendant in count 1 with evading an officer with willful disregard (Veh. Code, § 2800.2, subd. (a)) and in count 2 with driving or taking a vehicle without consent (Veh. Code, § 10851, subd. (a)). With regard to count 2, the People alleged defendant had a prior auto theft conviction from 2004. (Pen. Code, § 666.5.) The People further alleged defendant had two strike priors (Pen. Code, §§ 667, subd. (b)-(i), 1170.12, subd. (a)-(d)) and four prison term priors (Pen. Code, § 667.5, subd. (b)).
On February 17, 2017, defendant pled no contest to an added count 3, first degree burglary, in exchange for the court imposing the low term of two years with eligibility for half-time credit. The court explained that this would be a strike offense, and "if you pick up other offenses in the future, that could increase your sentence potentially significantly." Defendant indicated he understood that.
On April 21, 2017, the court granted defendant's request to act as his own counsel under Faretta v. California (1975) 422 U.S. 806.
On June 7, 2017, defendant filed a motion to withdraw his no contest plea. The People filed its opposition on July 7. Defendant replied on July 26.
On July 31, 2017, the court denied defendant's motion and sentenced him pursuant to the plea agreement to the low term of two years, with credit for 294 actual days and 295 days of conduct credit.
This appeal followed.
DISCUSSION
Upon defendant's request, this court appointed counsel to represent him on appeal. 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, 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 entire record for potential error and find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J. We concur: McKINSTER
J. MILLER
J.