Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Superior Court County of Santa Nos. 1210905, 1211181 Barbara Brian E. Hill, Judge
California Appellate Project, Jonathan B. Steiner, Executive Director, Richard B. Lennon, Staff Attorney, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
PERREN, J.
Rick Rossi appeals from the sentence imposed after he pleaded guilty to offenses in two cases. In Case No. 1210905, he pleaded guilty to three counts of petty theft with priors (Pen. Code, § 666), one count of second degree burglary (§ 459), and one count of forgery (§ 470, subd. (a)). In Case No. 1211181, he pleaded guilty to three counts of second degree burglary (§ 459) and one count of fraudulent use of an access card (§ 484f, subd. (b)). He admitted a prior conviction for a serious or violent felony and that he served a prior prison term. (§§ 667, subds. (d)-(e), 667.5, subd. (b), 1170.12, subds. (b)-(c).) In Case No. 1210905, the trial court sentenced appellant to eight years eight months in state prison, consisting of three years for one count of petty theft with priors, doubled to six years due to his prior "strike" conviction, plus consecutive sentences of eight months on each of the four remaining convictions. The court gave appellant 267 days of presentence credits and imposed restitution fines and a court security fee. In Case No. 1211181, the trial court sentenced appellant to upper terms on all counts with the sentence to run concurrently with the sentence in Case. No. 1210905.
All statutory references are to the Penal Code.
FACTS AND PROCEDURAL HISTORY
Appellant was charged with four counts of petty theft with priors, one count of burglary and two counts of forgery in Case No. 1210905, and three counts of second degree burglary (§ 459) and one count of fraudulent use of an access card (§ 484f, subd. (b)) in Case No. 1211181. In addition, a prior 2003 conviction for first degree residential burglary was alleged as a "strike" offense and prior 2003 convictions for second degree burglary and forgery were alleged as prior prison term enhancements. (§ 667.5, subd. (b).)
Appellant waived his trial rights and pleaded guilty to the three counts of petty theft with priors, one count of second degree burglary and one count of forgery in Case No. 1210905. One count of petty theft and one count of forgery were dismissed. He also pleaded guilty to three counts of second degree burglary and one count of fraudulent use of an access card in Case No. 1211181. He admitted that he had suffered a prior conviction for a serious or violent felony and had served a prior prison term.
As part of the plea agreement, the parties agreed that appellant could file a Romero motion to dismiss his prior strike for sentencing purposes, and that there would be an 11-year, four-month "lid" on his prison sentence if the Romero motion were denied. He was informed and understood that, if the Romero motion were denied, he would not receive probation.
People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
Appellant filed a Romero motion which was opposed and denied by the trial court after a hearing. Thereupon, he was sentenced to a term of imprisonment that was less than the agreed "lid" of 11 years four months.
We appointed counsel to represent appellant in this appeal. After reviewing the record, counsel filed an opening brief requesting this court to independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436. On September 4, 2007, we advised appellant that he had 30 days in which to submit a written brief or letter stating any contentions or arguments he wished us to consider. Appellant has not filed a brief or any other response.
We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284; People v. Kelly (2006) 40 Cal.4th 106, 124; People v. Wende, supra, 25 Cal.3d at p. 441.)
The judgment is affirmed.
We concur: YEGAN, Acting P.J., COFFEE, J.