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People v. Powell

California Court of Appeals, Third District, Sacramento
May 21, 2009
No. C060022 (Cal. Ct. App. May. 21, 2009)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. RICHARD MARKESE POWELL, Defendant and Appellant. C060022 California Court of Appeal, Third District, Sacramento May 21, 2009

NOT TO BE PUBLISHED

Super. Ct. No. 06F02674

ROBIE, J.

Defendant Richard Markese Powell, age 16 at the time of his alleged offenses, pled no contest to robbery in concert in an inhabited dwelling and false imprisonment and admitted as to both counts that he was armed with a firearm, in return for the dismissal of other counts and allegations and a total prison term of eight years. The trial court imposed the agreed sentence. The court also awarded 93 days’ jail credit, 786 days’ juvenile credit, and 13 days’ local conduct credit, for a total of 892 days of credit.

According to the probation report, defendant and several others robbed and beat the victim at his home, then bound him and pointed a shotgun at his head to force him to give them the personal identification number of his ATM card.

Defendant appeals, contending only that the trial court had erred by not also awarding him 131 days of conduct credit for time he spent in pretrial detention in juvenile hall.

After defendant filed his opening brief, the trial court awarded the additional conduct credit.

On April 13, 2009, appellate counsel filed an application to withdraw his brief and substitute a Wende brief. (People v. Wende (1979) 25 Cal.3d 436.) We denied the application.

Because defendant has received the relief he sought and there is nothing further for this court to do, his appeal is now moot. Therefore, we shall dismiss the appeal.

DISPOSITION

The appeal is dismissed.

We concur: RAYE, Acting P. J., HULL, J.


Summaries of

People v. Powell

California Court of Appeals, Third District, Sacramento
May 21, 2009
No. C060022 (Cal. Ct. App. May. 21, 2009)
Case details for

People v. Powell

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. RICHARD MARKESE POWELL, Defendant…

Court:California Court of Appeals, Third District, Sacramento

Date published: May 21, 2009

Citations

No. C060022 (Cal. Ct. App. May. 21, 2009)