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People v. Springs

Court of Appeals of California, Fourth Appellate District, Division One.
Nov 25, 2003
D041590 (Cal. Ct. App. Nov. 25, 2003)

Opinion

D041590.

11-25-2003

THE PEOPLE, Plaintiff and Respondent, v. SHAWN THOMAS SPRINGS, Defendant and Appellant.


Shawn Thomas Springs entered guilty pleas to taking or unlawfully driving a stolen vehicle with a prior conviction of taking or unlawfully driving a stolen vehicle (Veh. Code, § 10851, subd. (a); Pen. Code, § 666.5, subd. (a); all further statutory references are to the Penal Code unless otherwise indicated), reckless driving to evade an officer (Veh. Code, § 2800.2, subd. (a)), unlawfully acquiring access card information (§ 484e, subd. (d)), and receiving stolen property (§ 496, subd. (a)), all while released on bail or his own recognizance in another criminal case (§ 12022.1, subd. (a)). He admitted a strike prior (§§ 667, subds. (b)-(i), 668, 1170.12) and serving three prior prison terms (§ 667.5, subd. (b)). The court sentenced Springs to prison for 13 years 8 months: double the three-year middle term for taking or unlawfully driving a stolen vehicle with a prior conviction of taking or unlawfully driving a stolen vehicle, enhanced two years for committing the crime while released on bail or his own recognizance and three one-year terms for the prison priors, with 16-month consecutive terms for reckless driving to evade an officer with a strike prior and for unlawfully acquiring access information with a strike prior. The court stayed sentence for receiving stolen property under section 654 and struck the section 12022.1 enhancements on the convictions for reckless driving to evade an officer, unlawfully acquiring access information and receiving stolen property. At the sentencing hearing, the court also sentenced Springs in an unrelated matter, superior court case No. SCD161553. It imposed restitution fines in both cases and enhanced the sentence in both cases for the same two prison priors. In superior court case No. SCD163927 it ordered Springs to pay $460.13 restitution to a victim.

DISCUSSION

Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. 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 refers to as possible but not arguable issues: (1) whether the trial court abused its discretion in refusing to dismiss the strike prior; (2) whether the trial court erred in imposing two sets of restitution fines; (3) whether the trial court erred in imposing separate terms in both case No. SCD163927 and case No. SCD161553 for the same prison priors; and (4) whether the trial court erred in ordering Springs to pay $460.13 restitution to the victim. Because Springs entered guilty pleas, he cannot challenge the facts underlying the convictions. (§ 1237.5; People v. Martin (1973) 9 Cal.3d 687, 693.) We need not recite the facts.

We granted Springs permission to file a brief on his own behalf. He has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Springs on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: HUFFMAN, Acting P. J., AARON, J.


Summaries of

People v. Springs

Court of Appeals of California, Fourth Appellate District, Division One.
Nov 25, 2003
D041590 (Cal. Ct. App. Nov. 25, 2003)
Case details for

People v. Springs

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. SHAWN THOMAS SPRINGS, Defendant…

Court:Court of Appeals of California, Fourth Appellate District, Division One.

Date published: Nov 25, 2003

Citations

D041590 (Cal. Ct. App. Nov. 25, 2003)