Opinion
B229836
10-26-2011
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. VA113835)
BOREN, P. J., DOI TODD, J., CHAVEZ, J.
Defendant and appellant Dwayne Craig Sims appeals from a guilty plea, as authorized by Penal Code section 1237. Appellant was sentenced to a total term of 30 years to life for one count of residential burglary (§ 459) plus a prior conviction under section 667, subdivision (a).
Unless otherwise indicated, all further statutory references are to the Penal Code.
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We appointed counsel to represent appellant on appeal. After examination of the record, counsel filed an opening brief in which no issues were raised. On July 14, 2011, we advised appellant that he had 30 days within which to personally submit by brief or letter any contentions or arguments that he wished us to consider. Appellant has not submitted a supplemental brief or letter.
Between August 2009 and December 2009, appellant committed four separate residential burglaries while individuals were present. In each instance, he took the victim's purse and its contents, and in two instances he took vehicles parked at the residences. Police located personal property from each of the victims during a parole search of appellant's residence.
An information filed in February 2010 charged appellant in counts 1, 3, 5 and 6 with residential burglary (§ 459) and in counts 2 and 4 with the unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)). As to the residential burglary counts, the information alleged that appellant had suffered two prior convictions for serious felonies within the meaning of section 667, subdivision (a). As to the Vehicle Code violations, the information alleged pursuant to section 666.5, subdivision (d), that appellant had been previously convicted of violating section 487. As to all counts, the information alleged that appellant had suffered two prior strike convictions (§§ 667, subds. (b)-(i), 1170, subds. (a)-(d)) and that he had not remained free from prison for a period of five years before committing the offenses alleged (§ 667.5).
Appellant initially pled not guilty. On May 20, 2010, after being advised of his rights and stating that he understood and agreed to waive them, appellant withdrew his plea and pled guilty to counts 1 through 6 and admitted the strike, violent felony and prior prison term enhancements. At sentencing on September 22, 2010, appellant made a statement regarding a brain disease he believed he had which had led him to make poor decisions and use drugs and alcohol. Before pronouncing his sentence, the trial court indicated it had reviewed his entire case, including correspondence from appellant and a psychiatric report.
The prosecution dismissed counts 2 through 6 and struck one of the section 667, subdivision (a) priors. The trial court denied probation and sentenced appellant to a term of 25 years to life on count 1, plus a consecutive five years for the prior conviction under section 667, subdivision (a). Appellant agreed to waive his right to appeal the sentence. The trial court also ordered appellant to pay a $1,000 restitution fine, $30 court security fee and $30 criminal assessment fee, and imposed and stayed a $1,000 parole restitution fine. The trial court held a restitution hearing on November 30, 2010 and ordered appellant to pay $365 in restitution to one of the victims.
Appellant filed a notice of appeal from the restitution hearing on December 14, 2010. In January 2011, he filed another notice of appeal from his plea, and the trial court issued a certificate of probable cause.
We have examined the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.