Opinion
D040871.
7-22-2003
THE PEOPLE, Plaintiff and Respondent, v. RYAN NEWELL, Defendant and Appellant.
Ryan Newell entered negotiated guilty pleas to four counts of residential burglary. (Pen. Code, §§ 459/460.) The court sentenced him to prison for 10 years: the six-year upper term on one residential burglary conviction with 16-month sentences on the remaining three convictions (one-third the middle term). Appointed appellate counsel has filed a brief setting forth the 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, 158 Cal. Rptr. 839, 600 P.2d 1071.
DISCUSSION
Pursuant to Anders v. California (1967) 386 U.S. 738, 18 L. Ed. 2d 493, 87 S. Ct. 1396, counsel refers to as possible but not arguable issues: (1) whether the trial court erred in denying probation and imposing the upper term; and (2) whether the trial court erred in considering dismissed counts in imposing the upper term.
We granted Newell permission to file a brief on his own behalf. He has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Newell on this appeal.
DISPOSITION
The judgment is affirmed
WE CONCUR: HUFFMAN, Acting P. J., OROURKE, J. --------------- Notes: Because Newell entered guilty pleas, he cannot challenge the facts underlying the conviction. (Pen. Code, § 1237.5; People v. Martin (1973) 9 Cal.3d 687, 693, 108 Cal. Rptr. 809, 511 P.2d 1161.) We need not recite the facts.