Opinion
NOT TO BE PUBLISHED
Santa Clara County Super. Ct. No. CC771115
ELIA, J.Appellant Steven Pizarro pleaded no contest to possession of stolen property and admitted various enhancing allegations concerning prior convictions. The trial court sentenced him to four years in state prison. Pizarro appeals from the judgment. We appointed counsel to represent appellant. After examining the record, counsel filed a request for an independent review of the record for arguable issues pursuant to People v. Wende (1979) 25 Cal.3d 436 . Counsel has not referred this court to any possible, but not arguable, issues. (Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396].) On January 29, 2009, we advised appellant that he had 30 days within which to submit personally any arguments that he wanted us to consider. To date, we have received no response from appellant. We affirm.
In June 2007, a motor home in San Jose was burglarized and the perpetrator ate some food that had been prepared. There were pry marks on the door and a window was broken. A screwdriver had been left inside, and the resident's buck knife was missing. The resident saw appellant sitting outside nearby and asked him if he had seen anyone burglarizing the home. Appellant said nothing but brandished the resident's buck knife. The police found appellant holding the knife. He complied with the police command to put it down and told the officer that he had found the knife on the ground.
An information filed in February 2008 charged appellant with one count of burglary and one count of possession of stolen property. (Pen. Code, §§ 459-460, subd. (a), 496.) The information further alleged that appellant had three strike prior convictions, three serious felony prior convictions, and eight prison prior convictions. (Pen. Code, §§ 1170.12, 667, subd. (a), 667.5, subd. (b).) Pursuant to a negotiated disposition, appellant pleaded no contest to possession of stolen property and admitted the strike prior convictions and the prison prior convictions. In exchange, the prosecutor agreed to move to dismiss the burglary charge and the serious felony prior convictions.
Defense counsel filed a motion to dismiss appellant's strike prior convictions pursuant to People v.Superior Court (Romero) (1996) 13 Cal.4th 497. Counsel pointed out that appellant's prior strike convictions were 19, 25, and 28 years ago and that appellant suffered from organic brain damage. The prosecutor opposed the motion conceding that the strike prior convictions were remote but arguing that appellant "appears to still enjoy living on the streets in a perpetual state of intoxication, alternating with brief periods of enforced sobriety through incarceration." The trial court observed that appellant had had no felony convictions within the last 10 years and granted the motion to dismiss the strike prior convictions. The court sentenced appellant to the mid-term of two years with two additional one-year terms for the prison prior convictions for a total of four years. The court imposed an $800 restitution fund fine with an equal amount imposed but suspended as a parole violation fine. (Pen. Code, §§ 1202.4, subd. (b), 1202.45.) The court also imposed a $20 security fee.
A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, has disclosed no reasonably arguable appellate issue. Competent counsel has represented appellant in this appeal.
Disposition
The judgment is affirmed.
WE CONCUR RUSHING, P. J., PREMO, J.