Opinion
NOT TO BE PUBLISHED
Super. Ct. Nos. CRF06335 & CRF07112
BLEASE, Acting P. J.
On September 1, 2006, pursuant to a negotiated settlement in Yuba County case No. CRF06335, defendant Lorie Ann Otis pled no contest to two counts of second degree burglary, 15 counts of possession of a forged check, and four counts of receiving stolen property and admitted a prior strike conviction. As part of the settlement, it was agreed that if defendant appeared for sentencing on January 10, 2007, the court would dismiss 15 of the counts and her sentence would be 12 years eight months; however, if she did not appear, she would be exposed to a maximum term of 33 years.
Defendant failed to appear for sentencing and a bench warrant for her arrest was issued.
In February 2007, in Yuba County case No. CRF07112, defendant was arrested and charged with felony theft and with falsely identifying herself to a peace officer. Again pursuant to a negotiated settlement, defendant pled no contest to the felony theft charge conditioned upon her receiving an eight-month consecutive sentence in case No. CRF06335, no strike prior would be alleged, and a separate case (No. 07-41) would be dismissed.
In March 2007, defendant requested that her plea be withdrawn, the public defender was relieved, and separate counsel was appointed to determine whether there was any legal basis for such a motion. After counsel determined there was no basis for defendant to withdraw her plea, the public defender was reappointed. Notwithstanding defendant’s failure to appear for sentencing in case No. CRF06335, she was sentenced to the original agreed-upon term of 12 years eight months along with the imposition of restitution fines of $10,000 in accord with Penal Code sections 1202.4 and 1202.45. In case No. CRF07112, she received the agreed-upon eight-month term consecutive to the 12-year eight-month term and restitution fines of $200 imposed in accord with Penal Code sections 1202.4 and 1202.45.
FACTUAL BASIS FOR PLEAS IN CASE NO. CRF06335
On March 10, 11 and May 1, 2006, defendant fraudulently completed and passed several checks stolen from various persons. On May 8, 2006, a search of defendant’s residence disclosed additional stolen checks, many of which had been fraudulently completed by defendant. Defendant had been convicted of first degree burglary in Sutter County on June 25, 1997.
FACTUAL BASE FOR PLEA IN CASE NO. CRF07112
From February 10 to 12, 2007, defendant was in possession of mail which had been stolen from mailboxes of several individuals.
DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief.
Defendant has filed a letter, which we interpret as a supplemental brief, requesting that we review the following: her Marsden motion; her prior conviction for second degree burglary which she claims does not constitute a strike and which could not be used “toward first degree Burglary if it’s not violent;” and whether there was a basis for a withdrawal of plea motion. She also would like to file a Romero motion.
People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
We have reviewed her Marsden motion and find no basis for dismissing appointed counsel. Her conviction for second degree burglary is not being charged as a strike; instead, the strike was her first degree burglary conviction on June 25, 1997, which she admitted was true. Our review of the record discloses no basis for a motion to withdraw any of her pleas. A Romero motionmust be filed in the trial court prior to sentencing, not on appeal.
People v. Marsden (1970) 2 Cal.3d 118.
DISPOSITION
The judgment is affirmed.
We concur: MORRISON , J., CANTIL-SAKAUYE , J.