Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. BA327281, Robert J. Perry, Judge.
Thien Huong Tran, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
KITCHING, J.
Adolphus Ray Harper appeals from the judgment entered following his plea of guilty to possession for sale of cocaine base (Health & Saf. Code, § 11351.5), failing to appear after having been released on his own recognizance (Pen. Code, § 1320, subd. (b)) and grand theft of personal property (§ 487, subd. (a)), and his admission that he previously had suffered a conviction for burglary within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). The trial court sentenced Harper to 10 years, 8 months in prison. We affirm.
All further statutory references are to the Penal Code unless otherwise indicated.
FACTUAL AND PROCEDURAL BACKGROUND
1. Facts.
In a scheme to defraud various banks and individuals out of large sums of money, Harper opened a bank account under the name of “Dial-A-Loan,” through which fraudulently obtained monies were distributed to Harper and four other individuals.
2. Procedural History.
In a grand jury indictment filed on November 7, 2007, Harper, along with four others, was charged with grand theft of personal property (§ 487, subd. (a)). In addition, Harper was charged with forgery (§ 470, subd. (a)), and nine counts of money laundering (§ 186.10, subd. (a)). It was further alleged that Harper had suffered two prior serious or violent felony convictions within the meaning of the Three Strikes law (§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and had served a prison term within the meaning of section 667.5, subdivision (b).
A jury trial began on July 21, 2008. On July 22, Harper, who had been free on his own recognizance, failed to appear and was tried in abstentia. After the trial court dismissed a count alleging that Harper had participated in money laundering between March 10 and March 13, 2006, the jury hung on all the remaining counts and the trial court declared a mistrial.
On October 27, 2008, Harper appeared in court and agreed to plead guilty to possession of cocaine base for sale, failure to appear for trial on a felony charge and grand theft. He also agreed to admit that he previously had suffered a serious or violent felony conviction within the meaning of the Three Strikes law and that he had served a prison term. In exchange, the trial court was to sentence Harper to 10 years, 8 months in prison.
After Harper waived his right to a trial, to confront and cross-examine the witnesses against him, to subpoena witnesses and present a defense and his privilege against self-incrimination, he pleaded guilty to the alleged charges and admitted the allegations that he previously had been convicted of a felony and had served a prison term.
The trial court selected as the base term the “cocaine charge.” The court chose the mid-term of four years, doubled it pursuant to the Three Strikes law and imposed a term of eight years in prison. For Harper’s failure to appear, the trial court imposed a consecutive term of one-third the mid-term, or eight months, then doubled it to 16 months pursuant to the Three Strikes law. With regard to the conviction of grand theft, the trial court imposed a consecutive term of one-third the mid-term, doubled, or one year, four months. In total, the trial court imposed a sentence of 10 years, 8 months.
Harper was awarded presentence custody credit for 164 days actually served and 82 days of good time/work time, for a total of 246 days. The trial court ordered Harper to pay restitution in the amount of $495,000 to Capital Loan Specialist. The court then imposed a restitution fine in the amount of $200 (§ 1202.4, subd. (b)), a stayed $200 parole revocation restitution fine (§ 1202.45), and a $20 court security assessment (§ 1465.8, subd. (a)(1)).
Harper filed a timely notice of appeal on December 16, 2008.
This court appointed counsel to represent Harper on appeal on March 19, 2009.
CONTENTIONS
After examination of the record, counsel filed an opening brief which raised no issues and requested this court to conduct an independent review of the record.
By notice filed July 31, 2009, the clerk of this court advised Harper to submit within 30 days any contentions, grounds of appeal or arguments he wished this court to consider. No response has been received to date.
REVIEW ON APPEAL
We have examined the entire record and are satisfied counsel has complied fully with counsel’s responsibilities. (Smith v. Robbins (2000) 528 U.S. 259, 278-284; People v. Wende (1979) 25 Cal.3d 436, 443.)
DISPOSITION
The judgment is affirmed.
We concur: CROSKEY, Acting P. J., ALDRICH, J.