Opinion
D072921
07-13-2018
THE PEOPLE, Plaintiff and Respondent, v. JOHN SIPP, Defendant and Appellant.
Christopher Love, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. SCN371314) APPEAL from a judgment of the Superior Court of San Diego County, David J. Danielsen, Judge. Affirmed. Christopher Love, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
John Sipp pleaded guilty to unlawfully obtaining personal identifying information with intent to defraud (Pen. Code, § 530.5, subd. (c)(1)), and admitted allegations that he had suffered a prior conviction (§§ 667.5, subd. (b), 668) as well as a prior strike conviction. (§§ 667, subds. (b) through (i), 668, 1170.12.) The court imposed the indicated sentence of the lower term of 16 months in state prison doubled to 32 months because of the prior strike. It also struck a prison prior. The People dismissed the other enhancements.
Undesignated statutory references are to the Penal Code. --------
The court ordered Sipp to pay victim restitution fines of $600 pursuant to section 1202.4, subdivision (b) and $600 pursuant to section 1202.45, suspended unless parole is revoked. It awarded him a total of 352 custody and conduct credits, consisting of 176 days of actual custody plus 176 days of conduct credits under section 4019.
Sipp's counsel has filed a brief seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) to determine whether there are any arguable issues for review. We informed Sipp of his right to file supplemental briefing, and he has not done so.
STATEMENT OF FACTS
A Carlsbad Police Department officer testified at the preliminary hearing that on the night of March 2017, he was patrolling a parking lot in a high crime area. He saw Sipp and another man peering into cars on both sides of the aisles. The officer detained and searched Sipp, who was carrying numerous credit cards and driver's licenses belonging to several people, and a checkbook that did not belong to Sipp. The officer contacted two of the individuals whose property was found in Sipp's possession, and both said Sipp had obtained their documents without their permission.
DISCUSSION
The brief filed by Sipp's appellate counsel sets forth a statement of the case, urging no grounds for reversal of the judgment, and asking this court independently to review the record for error. We have reviewed the record consistent with the requirements of Wende, supra, 25 Cal.3d 436, and found no reasonably arguable grounds for reversal on appeal. Competent counsel has represented Sipp on this appeal.
DISPOSITION
The judgment is affirmed.
O'ROURKE, J. WE CONCUR: BENKE, Acting P. J. AARON, J.