Opinion
D059271
02-22-2012
THE PEOPLE, Plaintiff and Respondent, v. ALVIN MAMANGUN TIMBOL, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. SCD220467)
APPEAL from a judgment of the Superior Court of San Diego County, Robert F. O'Neill, Judge. Affirmed.
In February 2010, Alvin Mamangun Timbol entered a negotiated guilty plea to second degree murder (Pen. Code, § 187, subd. (a)) with personal use of a firearm (Pen. Code, § 12022.5, subd. (a)). In March the court sentenced him to prison for 25 years to life: 15 years to life for second degree murder plus 10 years (the upper term) for personal firearm use. Timbol appeals. We affirm.
BACKGROUND
On November 14, 1995, Timbol participated in the commission of a burglary of a locked vehicle belonging to David Hessler. In the course of the burglary, Timbol shot and killed Hessler.
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 (Wende). Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) counsel lists as possible, but not arguable, issues: (1) whether the court properly stated reasons for imposing the upper term on the firearm use enhancement; and (2) whether all of the fines imposed could be imposed retroactively or whether they were barred by the ex post facto clauses of the state and federal Constitutions.
We granted Timbol permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to Wende and Anders, including the possible issues listed pursuant to Anders, has disclosed no reasonably arguable appellate issues. Timbol has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
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HALLER, Acting P. J.
WE CONCUR:
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McINTYRE, J.
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O'ROURKE, J.