Opinion
C081623
02-14-2017
THE PEOPLE, Plaintiff and Respondent, v. RUBY JANE EPPERSON, 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NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. 15F6242, 15F6491, 15F6880, 15F7161, 16F113)
Appointed counsel for defendant Ruby Jane Epperson has filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We modify the judgment to dismiss any remaining counts and enhancements as agreed upon by the parties at the time of defendant's plea. Finding no other arguable error that may result in a disposition more favorable to defendant, we affirm as modified.
BACKGROUND
As part of a global resolution for all cases at issue in this appeal, defendant pleaded guilty in case No. 15F6242 to fraudulently obtaining money or property for labor. (Pen. Code, § 532, subd. (a).) In case No. 15F6491, defendant pleaded guilty to theft or embezzlement from an elder adult. (§ 368, subd. (d).) In case No. 15F6880, defendant pleaded guilty to felony identity theft. (§ 530.5, subd. (a).) In case No. 15F7161, defendant pleaded guilty to first degree burglary. (§ 459.) In case No. 16F113, defendant pleaded no contest to grand theft and admitted four on-bail enhancements. (§§ 487, subd. (a), 12022.1, subd. (b).) The parties stipulated to the police reports as the factual bases for defendant's guilty pleas, but the reports are not part of the record on appeal. Further, defendant waived preparation of a probation report; thus the record on appeal contains no facts of defendant's many crimes.
Further undesignated statutory references are to the Penal Code. --------
Per the parties' agreement, the trial court sentenced defendant to an aggregate term of 15 years in state prison as follows: the middle term of four years in case No. 15F7161 as the principal term, plus eight months consecutive in case No. 15F6242, one year consecutive in case No. 15F6491, eight months consecutive in case No. 15F6880, and eight months consecutive for the section 487, subdivision (a) violation, plus two years each for the four section 12022.1, subdivision (b) enhancements in case No. 16F113. The court imposed a $300 restitution fine (§ 1202.4, subd. (b)) and a corresponding parole revocation fine suspended unless parole is revoked (§ 1202.45) in each case. The court also imposed and permanently stayed various other fines and fees in each case and awarded credits, which were later increased by amendment of the minute order and abstract of judgment.
Although the trial court noted during the plea hearing that the parties had agreed to dismiss the remaining counts and enhancements, the court (apparently inadvertently) failed to do so.
Defendant timely appealed; the trial court denied her request for a certificate of probable cause.
DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks us to determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Counsel advised defendant of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.
" ' "When a guilty [or nolo contendere] plea is entered in exchange for specified benefits such as the dismissal of other counts or an agreed maximum punishment, both parties, including the state, must abide by the terms of the agreement." ' [Citations.]" (People v. Segura (2008) 44 Cal.4th 921, 930-931.) In the interests of judicial economy, we modify the judgment to dismiss the remaining counts and enhancements from each of the cases encompassed by defendant's global plea.
We have undertaken an examination of the entire record and find no other arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The charges and enhancements not included in defendant's pleas are dismissed. As modified, the judgment is affirmed.
/s/_________
Duarte, J. We concur: /s/_________
Butz, Acting P. J. /s/_________
Renner, J.