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People v. Flye

California Court of Appeals, Fifth District
Nov 2, 2007
No. F052409 (Cal. Ct. App. Nov. 2, 2007)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. VICTOR CLAYTON FLYE, Defendant and Appellant. F052409 California Court of Appeal, Fifth District November 2, 2007

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of Kern County. Jerold L. Turner, Judge., Super. Ct. No. BF115943A.

Patricia A. Andreoni, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

THE COURT

Before Vartabedian, Acting P.J., Gomes, J., Dawson, J.

On August 29, 2006, at approximately 2:00 a.m., Bakersfield police officers were dispatched to an apartment complex regarding a possible burglary. After being advised that a subject identified as appellant, Victor Clayton Flye, had fled from the complex on foot, the officers established a perimeter and took Flye into custody. During the investigation, Flye admitted he broke into an apartment belonging to Jim and Katherine Francis and took a purse and a wallet. Flye also admitted entering the garage of another apartment.

On December 1, 2006, the prosecutor filed an amended information charging Flye with two counts each of residential burglary (Pen. Code, § 460, subd. (a)) and possession of stolen property (Pen. Code, § 496, subd. (a)) and two prior prison term enhancements (Pen. Code, § 667.5., subd. (b)). On that same date, Flye pled no contest to one count of residential burglary and admitted the prior prison term enhancements in exchange for the dismissal of the remaining counts and a lid of six years.

On January 2, 2007, the court sentenced Flye to an aggregate term of six years, consisting of the middle term of four years on his burglary conviction and 2 one-year prior prison term enhancements.

Flye’s appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Flye has not responded to this court’s invitation to submit additional briefing.

Following independent review of the record we find that no reasonably arguable factual or legal issues exist.

The judgment is affirmed.


Summaries of

People v. Flye

California Court of Appeals, Fifth District
Nov 2, 2007
No. F052409 (Cal. Ct. App. Nov. 2, 2007)
Case details for

People v. Flye

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. VICTOR CLAYTON FLYE, Defendant…

Court:California Court of Appeals, Fifth District

Date published: Nov 2, 2007

Citations

No. F052409 (Cal. Ct. App. Nov. 2, 2007)