Opinion
NOT TO BE PUBLISHED
APPEAL from the Superior Court of Riverside County No. SWF026562. Dennis A. McConaghy, Judge. (Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art VI, § 6 of the Cal. Const.)
Lewis A. Wenzell, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RAMIREZ, P.J.
Defendant, Dellondo Duvone Foxx, was sentenced to state prison pursuant to a negotiated plea agreement providing for a stipulated low term of 16 months. He appealed from the guilty plea but his request for a certificate of probable case was denied. He then appealed from the sentence.
Background
On June 25, 2008, defendant took men’s cologne from a department store, removed it from its packaging, and concealed it on his person. He was confronted by store security as he attempted to leave and returned the bottle of cologne, but refused to accompany the loss prevention representative back into the store. He left the premises in a vehicle and the license number was recorded by the loss prevention representative. Police ran the license number of the vehicle and noted that the address of the registered owner was one where a parole search of defendant had been conducted. Defendant’s description matched the description of the shoplift suspect.
Defendant was charged with petty theft with a prior theft related conviction (Pen. Code, §§ 484, 666). It was further alleged defendant had two prior felony convictions for which he had served separate prison terms (prison priors) (§ 667.5, subd. (b)), and one prior serious felony conviction under the Three Strikes law (§§ 667, subd. (e)(1), 1170.12, subd. (c)(1)).
All further statutory references are to the Penal Code unless otherwise indicated.
On December 22, 2008, the prosecution orally amended the complaint to add a new count, alleging attempted commercial burglary (§§ 664, 459). Pursuant to a plea agreement, defendant pled guilty to the new count, attempted burglary, admitted the strike allegation, and admitted one prison prior in return for a stipulated sentence of 28 months (8 months, doubled for the strike for count 2, plus 1 year for the prison prior). Defendant waived his right to a probation report and requested immediate sentencing. He was sentenced according to the terms of the plea agreement. Defendant filed a notice of appeal challenging the validity of the plea on February 11, 2009, but the court denied his request for a certificate of probable cause. An amended notice of appeal was filed on April 3, 2009, to include a challenge to the sentence or other matters occurring after the plea.
Discussion
At his request, this court appointed counsel to represent defendant on appeal. Counsel has filed a brief under the authority of People v. Wende (1979), 25 Cal.3d 436 and Anders v. California (1967), 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, and a summary of the facts, and requesting that we undertake an independent review of the entire record. We offered defendant an opportunity to file a personal supplemental brief, but he has not done so.
Pursuant to People v. Kelly (2006), 40 Cal.4th 106, we have independently reviewed the record for potential error. A challenge to a stipulated sentence cannot be pursued on appeal without a certificate of probable cause, because the sentence term is an integral part of the plea agreement and such a challenge is actually an attack on the plea itself. (People v. Panizzon (1996), 13 Cal.4th 68, 79.)
We have also reviewed the sentencing for accuracy and have determined that the court imposed the agreed upon term. We have completed our independent review of the record and find no arguable issues.
Disposition
The judgment is affirmed.
We concur: HOLLENHORST, J., MILLER, J.