Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. SCD200038, David J., Danielson, Judge.
McDONALD, J.
Timothy Lewis Finamore entered negotiated guilty pleas to burglary (Pen. Code, § 459), grand theft of an automobile (§ 487, subd. (d)(1)), unlawful taking or driving a vehicle (Veh. Code, § 10851, subd. (a)), attempted unlawful taking or driving a vehicle (§ 664/Veh. Code, § 10851, subd. (a)), driving under the influence of drugs (Veh. Code, § 23152, subd. (a)), unauthorized entry of a residence (§ 602.5, subd. (a)), tampering with a vehicle (Veh. Code, § 10852), and being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)). Finamore also admitted a prior strike conviction allegation (§ 667, subds. (b)-(i)). As a condition of the plea, Finamore entered a waiver of his right to appeal issues related to his prior strike conviction and a Blakely (Blakely v. Washington (2004) 542 U.S. 296) waiver. The trial court rejected Finamore's request to dismiss the prior strike conviction allegation, and sentenced Finamore to three years four months in prison. The record on appeal does not contain a certificate of probable cause (§ 1237.5).
All statutory references are to the Penal Code unless otherwise specified.
FACTS
Viewing the record most favorably to the judgment below (People v. Johnson (1980) 26 Cal.3d 557, 576), the following occurred: On the morning of July 6, 2006, Finamore walked up to a Lincoln Navigator parked outside a car dealership that had serviced the vehicle. An employee of the service department mistakenly thought Finamore was the owner of the Navigator and directed him to the cashier. Finamore paid the nominal bill and left with the car. At 4:40 p.m. that day, a Pacific Beach resident returned home and noticed defendant in a new truck with dealer plates. The woman entered her house and closed the door. From the kitchen she heard the front door open. Finamore was standing inside her living room. He asked the woman about the neighborhood watch program. Finamore complied with the woman's order to leave her house. When Finamore was outside, he looked inside the bed of a neighbor's truck and reached under the bumper in the wheel well. The woman telephoned 911. Finamore left the scene but was followed and arrested by police in an alley. Finamore displayed objective symptoms of being under the influence. He subsequently tested positive for methamphetamine.
DISCUSSION
Appointed 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) the court's finding that Finamore was mentally competent to stand trial; (2) the validity of Finamore's waiver of right to appeal as part of the plea bargain; (3) the constitutionality of Finamore's guilty plea; (4) the failure to dismiss the prior strike conviction; (5) the sufficiency of the court's reasons for denying probation; (6) the sufficiency of the court's reasons for consecutive sentences; (7) the lesser included offense status of count three; and (8) the effectiveness of trial counsel.
We granted Finamore 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, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel represented Finamore on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: NARES, Acting P.J., AARON, J.