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People v. Dixon

California Court of Appeals, Fourth District, First Division
Jun 8, 2011
No. D058223 (Cal. Ct. App. Jun. 8, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. THOMAS DIXON, Defendant and Appellant. D058223 California Court of Appeal, Fourth District, First Division June 8, 2011

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. SCD226298 Kathleen M. Lewis, Judge.

AARON, J.

Thomas Dixon entered a negotiated guilty plea to voluntary manslaughter (Pen. Code, § 192, subd. (a)) with personal knife use (§ 12022, subd. (b)(1)) and admitted a serious felony prior conviction (§ 667, subd. (a)(1)), a strike (§ 667, subds. (b)-(i)) and six prior prison terms (§ 667.5, subd. (b)). The court dismissed one of the prison priors and sentenced Dixon to 33 years in prison: 22 years (twice the upper term) for voluntary manslaughter, one year for knife use, five years for the serious felony prior and one year each for the remaining prison priors. Dixon appeals. We affirm.

All statutory references are to the Penal Code.

BACKGROUND

On February 21, 2010, Dixon unlawfully killed a human being without malice and upon sudden quarrel and personally used a knife.

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 (Wende). Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) counsel lists, as a possible but not arguable issue, "Validity of the guilty plea and sentence; effect of waiver of right to appeal stipulated sentence."

We granted Dixon permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to Wende and Anders, including the possible issue listed pursuant to Anders, has disclosed no reasonably arguable appellate issues. Dixon has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McDONALD, Acting P. J., IRION, J.


Summaries of

People v. Dixon

California Court of Appeals, Fourth District, First Division
Jun 8, 2011
No. D058223 (Cal. Ct. App. Jun. 8, 2011)
Case details for

People v. Dixon

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. THOMAS DIXON, Defendant and…

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

Date published: Jun 8, 2011

Citations

No. D058223 (Cal. Ct. App. Jun. 8, 2011)