Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. MA041950
THE COURT:Lawrence Doneal Littlejohn (appellant) appeals from the judgment entered following his no contest plea to the attempted receipt of stolen goods in violation of Penal Code sections 664 and 496. Appellant admitted the allegation that he suffered a prior strike conviction under sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i). The trial court sentenced appellant to the low term of eight months, doubled to 16 months because of the strike.
All further references to statutes are to the Penal Code unless otherwise indicated.
We appointed counsel to represent appellant on this appeal. After examination of the record, counsel filed an opening brief containing an acknowledgment that he had been unable to find any arguable issues. On April 24, 2009, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. No response has been received to date.
We obtain the facts of the case from the transcript of the preliminary hearing. On the afternoon of April 22, 2008, Derek Valiza (Valiza) was working at the Kmart store in Lancaster when he saw appellant in the sporting goods department. Appellant was selecting fishing gear and was accompanied by another man. Appellant concealed fishing hooks and fishing slider items inside his jacket. Appellant and his companion, later identified as a Mr. Pierce (Pierce), appellant’s nephew, each selected a fishing pole. They then walked past the cash registers and tried to exit the store through the garden shop exit, but the door was locked. After a brief conversation between the two men, appellant left the store. Pierce went to the back gate of the garden shop fence and threw the fishing poles over the fence.
Valiza followed Pierce as he retrieved his vehicle and joined appellant at the place where the fishing poles had landed. Valiza identified himself as store security and appellant ran while Pierce drove off in the car. Appellant and Pierce were later apprehended, and the merchandise was recovered.
On June 9, 2008, the People filed an information charging appellant with second degree commercial burglary (§ 459) and petty theft with a prior (§ 666). The information alleged a prior strike and four prior prison terms. On July 15, 2008, the trial court granted appellant the right to proceed in propria persona. After filing numerous motions, appellant made a settlement offer to the People on December 1, 2008. On December 8, 2008, the information was amended by interlineation, and appellant pleaded no contest to the attempted receipt of stolen goods.
We have examined the entire record and are satisfied that appellant’s attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.