Opinion
E052604 Super.Ct.No. INF10001509
09-14-2011
THE PEOPLE, Plaintiff and Respondent, v. CYRIL ROBERT SLAMA, Defendant and Appellant.
Gerald J. Miller, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
APPEAL from the Superior Court of Riverside County. Dale R. Wells, Judge. Affirmed.
Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
On July 22, 2010, a felony complaint charged defendant and appellant Cyril Robert Slama with one count of receiving stolen property under Penal Code section 496, subdivision (a). The complaint also alleged that defendant had suffered one prior conviction for a serious or violent felony under section 667, subdivisions (c) and (e)(1), and section 1170.12, subdivision (c)(1).{CT 1}
All statutory references are to the Penal Code unless otherwise specified.
On August 23, 2010, the complaint was amended to allege an additional count of receiving stolen property, for a total of two counts of receiving stolen property (counts 2 and 3), as well as an additional count of theft with a prior under sections 484 and 666 (count 1).{CT 4-5} That same day, defendant pled not guilty to each count and denied the prior strike allegation.{CT 3}
On October 12, 2010, defendant withdrew his not guilty plea. Defendant then pled guilty to the theft count (count 1), and one receiving stolen property count (count 2). Defendant also admitted the prior strike. Pursuant to the terms of the plea agreement, on October 20, 2010, defendant was sentenced to the middle term of two years on the theft charge, doubled under the three strikes law, plus a two-year concurrent sentence on the receiving stolen property count, for a total of four years in state prison. The remaining receiving stolen property count was dismissed.{CT 8-13, 15-16}
On December 14, 2010, defendant filed a timely notice of appeal.{CT 17}
STATEMENT OF FACTS
Defendant admitted that he did what was alleged in counts 1 and 2 of the amended felony complaint.{RT 1-2} Defendant admitted that on April 8, 2010, he stole and took food from Stater Brothers, and that he had previously been convicted for the crime of burglary. Defendant also admitted that on April 10, 2010, he received tools, which he knew had been obtained by theft.{CT 4}
ANALYSIS
After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKinster
J.
We concur:
Hollenhorst
Acting P.J.
Codrington
J.