Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from the Superior Court of San Bernardino County. Super. Ct. No. FBA009419, Kirtland L. Mahlum, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.)
John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RICHLI, J.
I
Because defendant entered his guilty plea prior to a preliminary hearing, the underlying facts to support the plea are not contained in the record on appeal.
A complaint filed on August 2, 2006, alleged defendant Joe Ray McBath conspired to falsely charge or procure the arrest of another in violation of Penal Code section 182, subdivision (a)(2). The complaint also alleged that defendant suffered one prior serious or violent felony (Pen. Code, §§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)) and that defendant served one prior prison term (Pen. Code, § 667.5, subd. (b)).
On March 14, 2007, the court declared doubt as to defendant’s mental competency and suspended proceedings under Penal Code section 1368. On April 11, 2007, the court declared defendant competent and reinstated the proceedings. On April 25, 2007, defendant’s Marsden motion was granted and defendant was appointed new counsel.
People v. Marsden (1970) 2 Cal.3d 118.
On April 26, 2007, defendant pled no contest to Penal Code section 182, subdivision (a)(2), and admitted that he suffered one prior serious or violent felony (Pen. Code, §§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)). In exchange for defendant’s plea, the prosecutor dismissed the remaining allegation and the pending charges against defendant’s codefendant. That same day, the court sentenced defendant to the low term of 16 months, doubled to 32 months. (Pen. Code, §§ 1170.12, subd. (c)(1), 667, subd. (e)(1)). The court further ordered defendant to pay a restitution fine in the amount of $200 and a parole revocation fine in the same amount, which was stayed pending violation of parole. Defendant was granted credit for 258 actual days and 129 conduct days for a total of 387 days credit for time served.
Defendant appeals.
II
ANALYSIS
After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief; he has not done so.
We have now concluded our independent review of the record and find no arguable issues.
III
DISPOSITION
The judgment is affirmed.
We concur: HOLLENHORST, Acting P. J., MILLER, J.