Opinion
D059521 Super. Ct. No. SCD230738
10-18-2011
THE PEOPLE, Plaintiff and Respondent, v. TODD EUGENE SHELTON, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
APPEAL from a judgment of the Superior Court of San Diego County, Eugenia A. Eyherabide, Judge. Affirmed.
Todd Eugene Shelton pleaded guilty to four counts of residential burglary (Pen. Code, §§ 459, 460) and admitted that another person, other than an accomplice, was present in the residence during the burglaries (Pen. Code, § 667.5, subd. (c)(21)). Shelton also admitted two strikes (§ 667, subds. (b)-(i)) and one prior serious felony conviction (§ 667, subd. (a)(1)). The court dismissed one of the strikes and sentenced him to 25 years in prison: 12 years on one count (the six-year upper term, doubled), consecutive terms of two years eight months on the remaining counts (one-third the middle term, doubled) and five years for the prior serious felony conviction. Shelton appeals. We affirm.
All further statutory references are to the Penal Code.
BACKGROUND
In the early morning hours of November 12, 2010, there were four similar residential "hot prowl" burglaries in one neighborhood. Around 12:55 a.m., the first victim called the police and reported she had awakened to see a man near the foot of her bed. She screamed and the man ran out an open patio door. Around 1:44 a.m., a couple called the police and reported they had awakened, heard noises downstairs and saw someone walking around. The suspect left the home moments before the police arrived. Around 4:18 a.m., another victim called the police and said he had awakened when he heard footsteps, then saw someone standing by his bedroom door, hiding in the corner. The victim confronted the suspect and the suspect fled. Around 4:35 a.m., the fourth victim called the police and reported her alarm system went off and she saw the door leading to the garage was open. She closed and locked the door, then looked through the window in the door. She saw someone in the garage near her car.
On the night of November 12, 2010, the police received a report that a man had been seen in the back yards of several houses. The police caught Shelton after a short chase. Shelton matched the descriptions given by the victims above.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 (Wende). Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), counsel lists, as possible but not arguable issues: (1) whether the court abused its discretion by failing to dismiss the remaining strike; and (2) whether the court abused its discretion by imposing the upper term on the principal count with consecutive sentences on the remaining counts and enhancement.
We granted Shelton permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to Wende and Anders, including the possible issues listed pursuant to Anders, has disclosed no reasonably arguable appellate issues. Shelton has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
O'ROURKE, J. WE CONCUR:
MCCONNELL, P. J.
AARON, J.