From Casetext: Smarter Legal Research

People v. Penny

California Court of Appeals, Fourth District, Second Division
Dec 23, 2008
No. E045712 (Cal. Ct. App. Dec. 23, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. WENDELL PENNY, Defendant and Appellant. E045712 California Court of Appeal, Fourth District, Second Division December 23, 2008

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

APPEAL from the Superior Court of Riverside County. J. Thompson Hanks, Judge, No. RIF140747

Beatrice C. Tillman, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

OPINION

RAMIREZ, P.J.

Defendant was charged in a felony complaint filed by the District Attorney of Riverside County on December 28, 2007. The complaint charged one count of attempted identity theft. (Pen. Code, § 530.5, subd. (a).) The complaint also charged that defendant had served four prior prison terms within the meaning of section 667.5, subdivision (b).

All further statutory references are to the Penal Code unless otherwise indicated.

On April 1, 2008, pursuant to section 859a, defendant, represented by counsel, pled guilty and admitted one prior prison term in exchange for a stipulated two-year prison term to be served concurrent with all other cases currently being served, including a violation of probation in case No. RIF133125. Defendant received the appropriate custody credits and the remaining special allegations were stricken on motion of the district attorney. (§ 1385.)

On May 1, 2008, defendant filed a notice of appeal based on a challenge to the validity of the guilty plea and requested a certificate of probable cause. The court denied the request for a certificate of probable cause. Because no other grounds were asserted on the notice of appeal making it inoperative, Appellate Defenders, Inc. filed an amended notice of appeal on May 19, 2008, based on sentencing grounds only.

Statement of Facts

A probation report was not prepared. The declaration in support of an arrest warrant contained in the record on appeal includes the factual basis of the offense. On September 6, 2007, Institutional Fire Chief Ellison advised the California Rehabilitation Center Investigative Services Unit that he had received a thank you note from an authorized vendor service for quarterly packages. The amount of the package totaled $206.00 and had been charged to his credit card account. On November 2, 2007, the Investigative Services Unit concluded an investigation and determined that inmate Penny conspired with another inmate to defraud Institutional Fire Chief Ellison by fraudulent use of his credit card to obtain a quarterly package for their use. Defendant was advised of his Miranda rights by Officer Vega and admitted to the attempted identity theft crime.

Miranda v. Arizona (1966) 384 U.S. 436.

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 [87 S.Ct. 1396, 18 L.Ed.2d 493] 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 the defendant an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

Disposition

The judgment is affirmed.

We concur: GAUT, J., MILLER, J.


Summaries of

People v. Penny

California Court of Appeals, Fourth District, Second Division
Dec 23, 2008
No. E045712 (Cal. Ct. App. Dec. 23, 2008)
Case details for

People v. Penny

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. WENDELL PENNY, Defendant and…

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

Date published: Dec 23, 2008

Citations

No. E045712 (Cal. Ct. App. Dec. 23, 2008)