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People v. Munguia

California Court of Appeals, Fourth District, First Division
Mar 10, 2008
No. D051034 (Cal. Ct. App. Mar. 10, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. DAVID SAMUEL MUNGUIA, Defendant and Appellant. D051034 California Court of Appeal, Fourth District, First Division March 10, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County Nos. SCD 201501 & SCD 201010, Theodore M. Weathers, Judge.

McDONALD, J.

In superior court case No. SCD201501, David Samuel Munguia entered a negotiated guilty plea to residential burglary (Pen. Code, §§ 459/460) and admitted two prior serious felony convictions (§ 667, subd. (a)) and one prior felony strike conviction (§ 667, subds. (b)-(i)). The plea agreement included a stipulated prison term of 18 years. The trial court imposed an 18-year prison term in the burglary case and a concurrent two-year term in the probation revocation case. (See fn. 2, ante.)

Statutory references are to the Penal Code.

The plea agreement also provided for a concurrent two-year sentence in superior court case No. SCD201010, in which Munguia was on probation.

FACTS

On August 13, 2006, Munguia entered a residence through a window and stole a laptop computer, the power cable and an external hard drive. The value of the computer was about $1,500. Munguia's fingerprints were found on the window.

DISCUSSION

Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Counsel has not referred us to any possible, but not arguable, issues pursuant to Anders v. California (1967) 386 U.S. 738.

We granted Munguia 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, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Munguia on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McCONNELL, P. J. O'ROURKE, J.


Summaries of

People v. Munguia

California Court of Appeals, Fourth District, First Division
Mar 10, 2008
No. D051034 (Cal. Ct. App. Mar. 10, 2008)
Case details for

People v. Munguia

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. DAVID SAMUEL MUNGUIA, Defendant…

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

Date published: Mar 10, 2008

Citations

No. D051034 (Cal. Ct. App. Mar. 10, 2008)