Opinion
E060849
10-31-2014
THE PEOPLE, Plaintiff and Respondent, v. VAN JACKSON, Defendant and Appellant.
Richard L. Fitzer, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. FVA1301099)
OPINION
APPEAL from the Superior Court of San Bernardino County. Dwight W. Moore, Judge. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
I
STATEMENT OF THE CASE
On August 28, 2013, an information charged defendant and appellant Van Jackson with petty theft with a prior in violation of Penal Code section 666, subdivision (a). The information further alleged that defendant suffered a prior conviction that qualified as a strike within the meaning of sections 667, subdivision (b) through (i), and 1170.12, subdivisions (a) through (d); and that he served two prior prison terms within the meaning of section 667.5, subdivision (b).
All statutory references are to the Penal Code unless otherwise specified.
On September 5, 2013, defendant pled guilty and admitted all prior allegations. The trial court sentenced him to eight years. Pursuant to a Vargas waiver executed by defendant, he was released from custody. Under the terms of the plea agreement, defendant would be sentenced to three years if he returned to court on October 15, 2013. If defendant failed to appear, the eight-year sentence would be imposed.
On October 15, 2013, defendant failed to appear for sentencing and a warrant was issued. On February 10, 2014, defendant waived his right to a hearing on the Vargas violation and admitted that he failed to return for sentencing. As agreed, the court resentenced defendant to the upper-term of three years, doubled to six, plus two years for the two prior prison term enhancements - for a total sentence of eight years. Moreover, the trial court added an additional eight months to defendant's prison term from case No. FSB1304490. The court also ordered defendant to pay various fines and fees.
Defendant has appealed case No. FSB1304490. The case number on appeal is E060927.
On March 24, 2014, defendant filed a timely notice of appeal challenging the validity of his plea. He also requested a certificate of probable cause based on ineffective assistance of counsel. The court granted the request.
II
STATEMENT OF FACTS
The parties "stipulate[d] to a factual basis on the basis on the police reports[.]"
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On June 19, 2013, defendant took property from John Stayonooff without his knowledge or permission.
III
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.
IV
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RICHLI
J.
We concur: HOLLENHORST
Acting P. J.
CODRINGTON
J.