Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County, No. SCE288990 William J. McGrath, Jr., Judge.
McINTYRE, J.
A jury convicted Donald E. Edwards of burglary (Pen. Code, § 459; statutory references are to the Pen. Code) and forgery (§ 476). In a separate proceeding, Edwards admitted he had served six prior prison terms (§ 667.5, subd. (b)) and had a prior serious/violent felony or strike conviction (§ 667, subds. (b)-(i)). The trial court sentenced Edwards to seven years in prison. The sentence was composed of the middle term of two years for the burglary count doubled under the Three Strikes Law plus one-year enhancements for three of Edwards's prior prison terms. The sentence for the forgery count was stayed under section 654.
FACTS
On March 14, 2009, Felicia Ferrell's purse was stolen from her parked vehicle in El Cajon.
Edwards found Ferrell's checkbook on Mollison Avenue and brought it to his niece's residence, where he threw it away. Codefendant Larkes Dwayne Burns, who was present, asked Edwards if he was going to cash a check. At first, Edwards said he did not plan to cash a check, but after Burns suggested that they do so and split the proceeds, Edwards agreed. Burns and Edwards then went to the Check Center, a check cashing business. While Burns entered the Check Center, Edwards remained in the vehicle with a small child.
Burns handed the cashier one of Ferrell's checks made out to himself for $150 and purportedly signed by Ferrell. The cashier called the telephone number listed on the check and learned from Ferrell that the check was fraudulent. Ferrell also said she was going to call the police and urged the cashier to delay Burns there until the police arrived. Before the police arrived, Ferrell's brother-in-law entered the Check Center and began a fight with Burns. Edwards then entered the business and began fighting the brother-in-law. Police arrived and broke up the fight. Police arrested Burns and Edwards.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. 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. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible but not arguable issues: (1) whether there was sufficient evidence to support Edwards's guilt as an aider and abettor; (2) whether the trial court's refusal to modify the standard jury instruction on reasonable doubt compromised Edwards's right to a fair trial; (3) whether trial counsel provided ineffective assistance; (4) whether the trial court abused its discretion in denying Edwards's Marsden (People v. Marsden (1970) 2 Cal.3d 118) motion; and (5) whether the trial court abused its discretion by not ordering initiation of commitment proceedings at the California Rehabilitation Center.
We granted Edwards permission to file a brief on his own behalf. He has not responded.
A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no other reasonably arguable appellate issue. Competent counsel has represented Edwards on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: BENKE, Acting P. J.AARON, J.