Opinion
B192208
12-13-2006
THE PEOPLE, Plaintiff and Respondent, v. BONNIE LYNN THOMAS, JR., Defendant and Appellant.
Linda Acaldo, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Bonnie Lynn Thomas, Jr. appeals from judgment entered after conviction following his negotiated plea of no contest to first and second degree burglary charges in two cases.
In Case No. TA078355, appellant broke into a home and stole childrens clothing, piggy banks, and DVDs. He was charged with a single count of first degree burglary. He pled nolo contendere, admitted three prior serious felony convictions for the purposes of the Three Strikes law and Penal Code section 667, subdivision (a)(1), and five prior prison terms within the scope of Penal Code section 667.5, subdivision (b). Pursuant to the plea agreement, appellant was released on bail for 45 days to sell his truck and make other preparations for his absence. The plea agreement contemplated a five-year sentence, but the term was expressly conditioned upon appellant returning to court on the date for sentencing and refraining from committing any new offenses while on bail.
While on bail, appellant attempted to break into a backyard storage shed and broke into a nearby clothing store and took a quantity of merchandise. Based on these incidents, he was charged with attempted burglary and second degree burglary in Case No. TA080606. He accepted a new plea agreement, under which he pled guilty to the second degree burglary charge and admitted the on-bail enhancement allegation in exchange for a second strike term of eight years, to be served concurrently with a second strike term of fourteen years in Case No. TA078355. The court sentenced appellant in accordance with the new, comprehensive plea agreement.
Appellant sought and obtained from the trial court a certificate of probable cause for appeal.
We appointed counsel to represent appellant on appeal. After examination of the record, counsel filed an opening brief raising no issues and asking this court to independently review the record. On November 8, 2006, we advised appellant he had 30 days within which to personally submit any contentions or issues he wished us to consider. Appellant responded by filing a letter brief raising two issues.
Appellant argues that he was innocent in Case No. TA078355. This issue is not cognizable because appellants plea admitted every element of the charged offense. (People v. Hoffard (1995) 10 Cal.4th 1170, 1177.) In addition, the matters upon which appellant bases his claim are outside of the appellate record.
Appellant also contends he wanted to withdraw his plea in Case No. TA078355 because the victim witness recanted, but the prosecutor and court would not allow it, and appellants attorney would not "allow the victim to re-take the stand . . . ." This contention is also based upon matters outside of the appellate record, and therefore may not be considered.
We have examined the entire record and appellants contentions, and have not found any arguable issues. (People v. Wende (1979) 25 Cal.3d 436, 441.)
DISPOSITION
The judgment is affirmed.
We concur:
RUBIN, Acting P. J.
FLIER, J.