People v. Gray

Full title: THE PEOPLE, Plaintiff and Respondent, v. CLARENCE P. GRAY, Defendant and…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR

Date published: Jan 8, 2016

A144830 (Cal. Ct. App. Jan. 8, 2016)

Opinion

A144830

01-08-2016

THE PEOPLE, Plaintiff and Respondent, v. CLARENCE P. GRAY, Defendant and Appellant.

REARDON, J.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Solano County Super. Ct. No. VCR212241)

Appellant Clarence P. Gray was charged with attempted first degree burglary (Count 1) (Pen. Code, §§ 459/664) and receiving stolen property (Count 2) (Pen. Code, § 496, subd. (a)). He entered no contest pleas to these Counts.

On November 28, 2011, he was sentenced to state prison for 3 years on Count 1, with a consecutive term of 8 months on Count 2. Execution of sentence was suspended and appellant was granted probation on various terms and conditions. In June of 2013 appellant was found in violation of probation and his suspended sentence was ordered executed.

On August 28, 2011, appellant attempted to enter the home occupied by Robert Brillon with intent to commit theft. At the time of his arrest, appellant knowingly possessed stolen identification and insurance cards.¹

1 Appellant stipulated to this factual basis at the time of his no contest plea.

Appellant's counsel on appeal has filed an opening brief raising no issues and asking this Court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have conducted the requested review and conclude that there were no arguable issues.²

2 Appellant has been informed by appellant's counsel on appeal of the opportunity to file a supplemental brief, but has not done so. --------

Appellant was represented by counsel throughout the proceedings below. His no contest pleas were validly entered after advisement of rights and consequences. There was no sentencing error.

The judgment is affirmed.

/s/_________

REARDON, J. We concur: /s/_________
RUVOLO, P. J. /s/_________
RIVERA, J.