Opinion
C086171
10-19-2018
THE PEOPLE, Plaintiff and Respondent, v. ALLAN WAYNE DOPPS, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. 16CF03585, 16CF00960, CM043738, CM044301)
Appointed counsel for defendant Allan Wayne Dopps filed an opening brief setting forth the facts of the case and asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.
BACKGROUND
Case No. 16CF03585
On February 1, 2015, deputies found a stolen gun in the apartment where defendant was hiding. Defendant later admitted stealing the gun. A May 2017 information charged defendant with being a felon in possession of a firearm. (Pen. Code, § 29800, subd. (a)(1).) The information also alleged two prior strikes (§§ 667, subds. (b)-(i), 1170.12, subd. (b)) and five prior prison terms (§ 667.5, subd. (b)).
Undesignated statutory references are to the Penal Code.
Case No. CM043738
On October 29, 2015, a police officer caught defendant standing at the open driver's door of a vehicle reported stolen earlier that morning. Defendant at first denied any association with the car. He later said the owner gave him permission to use the car. Still later, he said that the owner could not give him permission since he was "loaded" and "passed out" at a friend's house.
A January 2016 information charged defendant with driving or taking a 2013 Ford Expedition without the consent of the owner (Veh. Code, § 10851, subd. (a)), and receiving a stolen vehicle (§ 496d, subd. (a)). The information further alleged a single prior strike conviction. (§§ 667, subds. (b)-(i), 1170.12, subd. (b).) Defendant waived a preliminary hearing, was held to answer, and was released on his own recognizance (OR) pending trial.
Case No. CM0044301
In the early morning hours of February 3, 2016, a police officer observed a parked car that was reported stolen out of Sutter County in October 2015. He found indicia implicating defendant inside the car. Damage to the car's key cylinder was consistent with a screwdriver being used to operate the car. When defendant was contacted about the car, he admitted to being in possession of it. Police contacted the owner, who confirmed defendant did not have permission to possess, sell, or transfer ownership of the car.
A February 2016 information charged defendant with receiving a stolen vehicle, a 1988 Toyota 4-Runner. (§ 495d, subd. (a).) The information alleged a strike prior (§§ 667, subds. (b)-(i), 1170.12, subd. (b)), and an enhancement for committing the offense while on OR release in case No. CM043738 (§ 12022.1).
Case No. 16CF00960
On March 9, 2016, while released on OR in case No. CM043738, defendant willfully failed to appear at his trial readiness conference.
An August 2016 amended information charged defendant with felony failure to appear (§ 1320, subd. (b)) in case No. CM043738. The amended information alleged five prior prison terms and two prior strike convictions, the same as those alleged in case No. 16CF03585, as well as an OR release enhancement (§ 12022.1).
Plea Agreements
On August 23, 2017, defendant resolved all four cases by plea agreement.
In case No. 16CF03585, defendant pleaded no contest to felon in possession of a firearm and admitted one of the strike prior allegations based on a 1995 conviction in Los Angeles County for violating section 245, subdivision (a)(1) with a great bodily injury enhancement (§ 12022.7, subd. (a)).
In case No. CM043738, defendant pleaded no contest to driving or taking a 2013 Ford Expedition without the owner's consent, and the parties stipulated that the car was worth more than $950.
In case No. CM44301, defendant pleaded no contest to receiving a stolen 1988 Toyota 4-Runner, which the parties stipulated was worth more than $950
In case No. 16F00960, defendant pleaded no contest to failure to appear and admitted the OR release enhancement.
In all four cases, the People agreed to move to dismiss the remaining count and allegations with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754.
Sentencing
In December 2017, the trial court denied defendant's motion made pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 in case No. 16CF03585, denied probation after considering the probation report and the parties' arguments, and sentenced defendant to an aggregate term of 10 years in state prison. The court selected the felon in possession offense in case No. 16CF03585 as the principal term and sentenced defendant to the upper term of three years, doubled for the strike. The court imposed consecutive terms of eight months each (one-third the middle term) for the driving or taking a motor vehicle without the owner's consent offense in case No.CM043738, the receiving stolen property offense in case No. CM44301, and the failure to appear offense in case No. 16CF00960. The court imposed an additional consecutive two years for the OR release enhancement in case No. 16CF00960.
The trial court also terminated probation in case No. CM042541 and imposed a concurrent one-year term in county jail. --------
In each of the four cases, the trial court imposed a $300 restitution fine (§ 1202.4, subd. (b)) and a $300 parole revocation restitution fine (suspended) (§ 1202.45), as well as the mandatory fines, fees, and penalty assessments for each count. The court awarded defendant 240 days actual credit and 240 days conduct credit in case No. 16CF03585, nine days actual credit and eight days conduct credit in case No. CM043738, and two days actual credit and two days conduct credit in case No. CM44301 for a total of 501 days of presentence credit.
Defendant timely appealed, listing case No. 16CF03585 as the judgment from which he was appealing. The trial court granted him a certificate of probable cause. In March 2018, this court granted defendant's application to construe the notice of appeal to include case Nos. CM043738, CM044301, and 16F00960.
DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and requesting that this court review the record to determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised of his 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 have received no communication from defendant.
Having undertaken an examination of the entire record pursuant to Wende, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
/s/_________
Duarte, J. We concur: /s/_________
Murray, Acting P. J. /s/_________
Hoch, J.