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People v. Walker

California Court of Appeals, Fourth District, First Division
Mar 14, 2008
No. D051180 (Cal. Ct. App. Mar. 14, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY ODIS WALKER, Defendant and Appellant. D051180 California Court of Appeal, Fourth District, First Division March 14, 2008

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

APPEAL from a judgment of the Superior Court of San Diego County, Patricia K. Cookson, Judge. Super. Ct. No. SCE271291

O'ROURKE, J.

Timothy Odis Walker entered a negotiated guilty plea to second degree burglary (Pen. Code, § 459) and admitted a strike (§§ 667 subds. (b)-(i), 1170.12, 668). The court sentenced him to prison for a stipulated term of 32 months (twice the lower term). Walker appeals. We affirm.

All further statutory references are to the Penal Code.

BACKGROUND

On May 14, 2007, Walker entered a Vons store with the intent to commit theft.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. She 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, she lists, as possible but not arguable issues, whether Walker's plea is constitutionally valid; whether issues related to the plea can be raised on direct appeal; whether the court abused its discretion by refusing to issue a certificate of probable cause; whether the court abused its discretion by imposing the stipulated 32-month sentence; whether the sentence is authorized by law and constitutional; and whether sentencing issues are cognizable on appeal without a certificate of probable cause.

We granted Walker 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 issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Walker has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McCONNELL, P. J., AARON, J.


Summaries of

People v. Walker

California Court of Appeals, Fourth District, First Division
Mar 14, 2008
No. D051180 (Cal. Ct. App. Mar. 14, 2008)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY ODIS WALKER, Defendant…

Court:California Court of Appeals, Fourth District, First Division

Date published: Mar 14, 2008

Citations

No. D051180 (Cal. Ct. App. Mar. 14, 2008)