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People v. Dyson

California Court of Appeals, Fourth District, First Division
Jul 14, 2008
No. D051856 (Cal. Ct. App. Jul. 14, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. KEITH DOUGLAS DYSON, Defendant and Appellant. D051856 California Court of Appeal, Fourth District, First Division July 14, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County, No. SCD205618 Stephanie Sontag, Judge.

HUFFMAN, J.

Keith Douglas Dyson entered a negotiated guilty plea to burglary (Pen. Code, § 459). Under the plea bargain, which called for a two-year stipulated sentence, the prosecution agreed to dismiss a count of petty theft with a prior and two prior prison term allegations. The trial court sentenced Dyson to the middle term of two years in prison for the burglary. Dyson did not obtain a certificate of probable cause.

FACTS

On February 21, 2007, Dyson entered the Ralphs grocery store on Mission Center Road in San Diego. Dyson grabbed a television and ran out of the store. In accepting the plea bargain, Dyson admitted he entered the store with the intent to commit a theft.

DISCUSSION

Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court 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 refers to as possible, but not arguable, issues: (1) whether Dyson's negotiated plea was constitutionally valid; and (2) whether there was a sufficient factual basis for the guilty plea.

We granted Dyson 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 referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Dyson on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McCONNELL, P. J., McINTYRE, J.


Summaries of

People v. Dyson

California Court of Appeals, Fourth District, First Division
Jul 14, 2008
No. D051856 (Cal. Ct. App. Jul. 14, 2008)
Case details for

People v. Dyson

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. KEITH DOUGLAS DYSON, Defendant…

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

Date published: Jul 14, 2008

Citations

No. D051856 (Cal. Ct. App. Jul. 14, 2008)