Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County, No. SCD224917, Robert F. O'Neill, Judge.
McCONNELL, P. J.
Roy Smith entered a negotiated guilty plea to residential burglary (Pen. Code, §§ 459, 460) and admitted serving two prior prison terms (§ 667.5, subd. (b)) and having two strikes (§ 667 subds. (b)-(i)). The court sentenced him to a stipulated sentence of 14 years in prison: twice the six-year upper term for residential burglary and one year for each prison prior. Smith appeals. We affirm.
Statutory references are to the Penal Code.
FACTUAL BACKGROUND
While working as a security guard at a hotel, Smith used a key card to enter a hotel room. He took jewelry belonging to the hotel guests to which the room was assigned. The hotel operations manager reported the theft to Smith's supervisor at the security company. The supervisor suggested that Smith return the stolen property. Smith returned some but not all of the jewelry. Still missing were a $4,000 diamond ring, a $1,500 pair of diamond earrings and several other earrings valued at approximately $500. When Smith was taken into custody he was wearing diamond earrings that matched the victims' description. The police recovered two other pairs of diamond earrings when they arrested Smith.
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. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel lists, as a possible but not arguable issue, whether the sentence was unconstitutionally disproportionate to a nonviolent offense in which Smith returned much of the stolen property.
We granted Smith permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issue listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Smith has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: O'ROURKE, J., IRION, J.