Opinion
A102982.
10-31-2003
THE PEOPLE, Plaintiff and Respondent, v. CANDELARIO DURAN GRANILLO, SR., Defendant and Appellant.
Candelario Granillo appeals from a judgment of conviction entered upon a plea of nolo contendere. 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.
An amended information (Super. Ct. No. SCR-32781) filed in Sonoma County Superior Court charged appellant with first degree burglary (Pen. Code, § 459)[] and further alleged as both strikes (§ 1170.12) and enhancements (& sect; 667, subd. (a)(1)) that appellant suffered three prior serious felony convictions.
All statutory references are to the Penal Code unless otherwise indicted.
A separate information (Super. Ct. No. SCR-32786) also filed in Sonoma County Superior Court charged appellant with possession of heroin in a county jail (§ 4573.6) and possession of heroin (Health & Saf. Code, § 11350). The information further alleged that appellant suffered three strikes (§ 1170.12).
In a negotiated disposition for both cases, appellant pleaded nolo contendere to first degree burglary (§ 459) and possession of heroin in a county jail (§ 4563.6) while admitting one strike (§ 1170.12)[] with the understanding that the remaining counts and special allegations would be dismissed.
Because appellant pleaded to offenses in two separate cases, the court out of an abundance of caution asked appellant to admit the same strike (§ 1170.12) in each case. This apparently confused appellant who agreed to admit the strike in case number 32781, but submitted the issue to the court in case number 32786. The court found the allegation to be true based on a "969-B" packet submitted by the prosecution.
The court selected first degree burglary (§ 459) as the principal term and sentenced appellant to the aggravated term of six years in state prison. The court then doubled the term to 12 years because of appellants admitted strike (§11702). The court sentenced appellant to a consecutive year in state prison, or one-third the middle term, for possession of heroin in a county jail (§ 4563.6). The court doubled this subordinate term to two years because of appellants admitted strike (§ 1170.12). Thus, the aggregate term totaled 14 years in state prison. The court ordered appellant to pay a $5,200 restitution fine and granted him 192 days total presentence credit.
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 nolo contendere and admitted the special allegation.
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: Kay, P. J. and Rivera, J.