Opinion
H025456
10-6-2003
THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY ALLEN ROBINSON, Defendant and Appellant.
Defendant Timothy Allen Robinson was charged with one count of grand theft of personal property having a value greater than $400 (Pen. Code, §§ 484, 487, subd. (a)) and one count of writing multiple checks without sufficient funds (Pen. Code, § 476a). The information alleged that defendant had suffered two prior convictions within the meaning of Penal Code sections 667, subdivisions (b) through (i) and 1170.12 (strike priors) and that he had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b) (prison prior).
Defendant pled no contest to both counts on the condition that he be sentenced to no more than five years in state prison. The prior conviction allegations were tried to the court and found to be true. The prosecutor asked the court to dismiss one of the strike priors in the interest of justice.
At the sentencing hearing the trial court first denied defendants motion to withdraw his plea and denied his request to strike the remaining strike prior. The court then dismissed the prison prior pursuant to Penal Code section 1385 and sentenced defendant to the midterm of four years on both counts, staying the term for the second count pursuant to Penal Code section 654.
We appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no written argument from defendant.
Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.
The judgment is affirmed.
WE CONCUR: Rushing, P.J. and Elia, J.