Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Tulare County. Joseph A. Kalashian, Judge. Super. Ct. No. VCF203173B
Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.
Before Vartabedian, Acting P.J., Levy, J. and Gomes, J.
On November 21, 2008, appellant Amber Dawn Merriott pled no contest to second degree burglary (Pen. Code, §§ 459, 460, subd. (b)); count 10), identity theft (Pen. Code, § 530.5; count 11) and forgery (Pen. Code, § 475, subd. (c); count 12) and admitted an enhancement allegation that she committed the count 10 offense while released on bail (Pen. Code, § 12022.1). Appellant entered her plea on the condition that she would receive a prison term of six years, which would cover both the instant case and Tulare County case No. VCF192255B (case No. 255B).
On January 9, 2009, the court imposed a prison term of six years, consisting of the two-year midterm on the substantive offense in case No. 255B, eight months on each of the three substantive offenses the instant case, and two years on the on-bail enhancement. Appellant requested that the court suspend execution of sentence and order her committed to the California Rehabilitation Center pursuant to Welfare and Institution Code section 3051. The court denied the request based on its finding of “excessive criminality.”
On January 29, 2009, appellant filed a timely notice of appeal. Appellant did not request, and the court did not issue, a certificate of probable cause (Pen. Code, § 1237.5).
The report of the probation officer indicates the following: On April 28, 2008, a woman reported to the Visalia Police Department that checks that had been stolen from her had been used. Officers investigating the report went to a Sears store in Visalia and found that a purchase in the amount of $202.25 had been made with one of the stolen checks. The victim also reported that a purchase was made with a stolen check at the Visalia Circuit City store. Investigating officers contacted their store manager, who “confirmed, with copies of receipts, the fraudulent purchases made at the store on April 22, 2008.”
Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v.Wende (1979) 25 Cal.3d. 436.) Appellant has not responded to this court’s invitation to submit additional briefing.
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
The judgment is affirmed.