Opinion
H044855
03-23-2018
THE PEOPLE, Plaintiff and Respondent, v. WILLIAM ADDAM DUNN, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Monterey County Super. Ct. No. SS151963A)
Defendant William Addam Dunn appeals from a judgment of conviction after pleading no contest to charges of second degree burglary, possession of burglary tools, and vandalism. Appointed counsel filed an opening brief summarizing the case but raising no issues. We notified defendant of his right to submit written argument on his own behalf. He has not done so. We have reviewed the entire record and find no arguable appellate issue. (People v. Wende (1979) 25 Cal.3d 436, 440-441.) We therefore provide a summary of the facts and procedural history of the case, describe the convictions and the punishment imposed, and affirm the judgment. (People v. Kelly (2006) 40 Cal.4th 106, 110.)
I. TRIAL COURT PROCEEDINGS
Defendant was arrested in November 2015 after burglarizing two cars in a hotel parking lot in Monterey. A security guard identified him as the person he saw remove items from the cars. One of the car windows had been shattered, and defendant had broken glass in his clothing and a window punch tool.
Defendant was charged by complaint with violations of Penal Code section 459 (second degree burglary; counts 1 and 2), and Penal Code section 466 (possession of burglary tools; count 3). The complaint alleged as a sentencing enhancement under Penal Code section 667.5, subdivision (b) that he had served a prior prison term. Defendant was held to answer after a preliminary examination, and an information was filed charging the same three counts and the enhancement, and adding a vandalism charge (Pen. Code, § 594, subdivision (b)(1)).
Defendant asked to substitute new counsel for his court-appointed attorney. The trial court conducted a closed hearing regarding that request (People v. Marsden (1970) 2 Cal.3d 118, 124) and denied it. In May 2016, defendant pleaded no contest to all charges and admitted the prior prison term allegation. The trial court granted him probation for a period of three years.
In March 2017, a petition was filed alleging defendant violated his probation because he had been arrested for a new offense (receiving stolen property; Pen. Code, § 496, subdivision (a)). Defendant admitted the probation violation and the trial court revoked his probation and imposed a prison sentence. The court found multiple aggravating factors: defendant had numerous prior convictions, several prior prison terms, was on probation when the offense was committed, and had previously performed unsatisfactorily on probation. Defendant was sentenced to a total term of four years in prison with a consecutive 180 day jail sentence, all to be served in county jail under Penal Code section 1170, subdivision (h). He was given credit for time served of 469 days and ordered to pay the balance of any fines and fees still owed, a previously suspended restitution fund fine of $1,050, and $408 in victim restitution.
Defendant timely filed a notice of appeal indicating the appeal is based on the sentence or other matters occurring after his plea and not affecting the validity of the plea.
II. DISPOSITION
The judgment is affirmed.
/s/_________
Grover, J.
WE CONCUR:
/s/_________
Premo, Acting P. J. /s/_________
Greenwood, J.