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People v. Kover

California Court of Appeals, Fourth District, First Division
Mar 19, 2010
No. D056027 (Cal. Ct. App. Mar. 19, 2010)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. KENNETH G. KOVER, Defendant and Appellant. D056027 California Court of Appeal, Fourth District, First Division March 19, 2010

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. SCE278212, Louis R. Hanoian, Judge.

McINTYRE, J.

Kenneth G. Kover entered a negotiated guilty plea to diverting construction funds (Pen. Code, § 484b). The court suspended imposition of sentence and placed him on three years' probation. Kover appeals. We affirm.

BACKGROUND

In December 2006 Paula Cingota agreed to pay Kover $16,263 to obtain permits, install a foundation and set up and finish her manufactured home. Kover represented he was a licensed contractor. Cingota gave him a $4,150 deposit.

After Kover set up the home and did some of the finishing, Cingota paid him $5,940 and later $3,680, bringing the total amount paid to $13,770. Kover did not obtain permits, complete the work or refund any money. Cingota obtained the permits herself for $2,854 and paid a third person $12,800 to complete Kover's work.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel lists as possible but not arguable issues: (1) whether Kover's plea is constitutionally valid; (2) whether his waiver of his appellate rights is valid; (3) whether the probation grant complied with the plea bargain and whether the court abused its discretion In rendering judgment; (4) whether Kover was properly advised that he would receive probation and be required to pay restitution in full under the plea agreement; and (5) whether the court abused its discretion by ordering $8,000 in restitution.

We granted Kover permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Kover has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: HUFFMAN, Acting P. J.AARON, J.


Summaries of

People v. Kover

California Court of Appeals, Fourth District, First Division
Mar 19, 2010
No. D056027 (Cal. Ct. App. Mar. 19, 2010)
Case details for

People v. Kover

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. KENNETH G. KOVER, Defendant and…

Court:California Court of Appeals, Fourth District, First Division

Date published: Mar 19, 2010

Citations

No. D056027 (Cal. Ct. App. Mar. 19, 2010)