Opinion
A101225.
7-31-2003
THE PEOPLE, Plaintiff and Respondent, v. ROBERT LEE ERSKINE, Defendant and Appellant.
Robert Erskine appeals from a judgment of conviction entered upon a plea of guilty. Appellants court-appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 158 Cal. Rptr. 839, 600 P.2d 1071.
An information filed in Sonoma County Superior Court charged appellant with robbery (Pen. Code, § 211) and second degree burglary ( §§ 459, 460, subd. (b)).
Appellant pleaded guilty to second degree burglary ( §§ 459, 460, subd. (b)) with the understanding that the court would grant the prosecutions motion to dismiss the remaining count ( § 211). The court granted the Peoples motion to dismiss count I ( § 211) at sentencing.
The court sentenced appellant to the aggravated term of three years in state prison for second degree burglary ( § 459). The court granted appellant 176 days total presentence credit and ordered him to pay a $ 600 restitution find.
Before appellant entered his plea, the court advised him of the constitutional rights he would be waiving and the direct consequences of his plea. Appellant expressly waived his constitutional rights and knowingly and voluntarily pleaded guilty.
Appellant was represented by counsel throughout the proceedings.
There was no sentencing error.
There are no issues that require further briefing.
The judgment is affirmed.
We concur: Jones, P. J. Simons, J. --------------- Notes: All statutory references are to the Penal Code.