Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of San Diego County, K. Michael Kirkman, Judge, Super. Ct. No. SCN223021.
HALLER, J.
Dennis E. Lacy entered a negotiated guilty plea to one count of petty theft with a prior (Pen. Code, §§ 664/484) as a lesser included offense of robbery, and admitted he had a prior strike or serious/violent felony conviction (§ 667, subds. (b)-(i)). Pursuant to the plea bargain, the trial court sentenced Lacy to 32 months in prison (the low term doubled because of the prior strike) to run concurrent to pending probation cases.
All statutory references are to the Penal Code.
FACTS
On January 4, 2007, Lacy took a CD off the shelf at the Wal-Mart store in Oceanside. Warren Woodberry, the store's asset protection officer, saw Lacy open the CD case, remove the CD and place it in a jacket pocket and place the empty case on a shelf. Lacy then brought three cans of paint and a package of cinnamon buns to the cash register and purchased those items. After following Lacy as he exited the store, Woodberry approached him outside. Woodberry identified himself and asked Lacy if he had any merchandise that he had not purchased. Lacy denied having any and became angry. Woodberry, who had retrieved the empty CD case, asked Lacy: "What about the CD?" Lacy pulled the CD from his pocket and said the CD had been in the pocket when he entered the store. The CD matched the case that Woodberry had retrieved.
Woodberry asked Lacy to return to the store for further discussion. Lacy refused and lunged as if he were going to run away. Woodberry grabbed Lacy's jacket and restrained him. Although Lacy raised his fist, he did not strike Woodberry. Woodberry pulled Lacy inside the store, where he was detained until police arrived.
Defense counsel had subpoenaed the store's surveillance tapes, but Woodberry did not bring them to the preliminary hearing.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. 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 refers to as possible but not arguable issues: (1) whether Lacy's guilty plea was knowingly and intelligently made; (2) whether Lacy's sentence was in keeping with the plea bargain; and (3) whether defense counsel was ineffective for proceeding with the plea bargain after Woodberry failed to bring the subpoenaed store surveillance videotapes to the preliminary hearing.
We granted Lacy 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 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Lacy on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: BENKE, Acting P. J., O'ROURKE, J.