Opinion
E055719
11-07-2012
THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO DANIEL WEST, Defendant and Appellant.
David K. Rankin, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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.Nos. RIF1105314,
RIF1100385, RIF1102570,
RIF1103224, RIF1104471,
RIF1104510 & RIF1104637)
OPINION
APPEAL from the Superior Court of Riverside County. Richard T. Fields, Judge. Affirmed.
David K. Rankin, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant Francisco Daniel West appeals from his conviction after a guilty plea in seven different cases and combined state prison sentence of 10 years and 8 months. As discussed below, we affirm the conviction and sentence.
PROCEDURE
Because defendant pled guilty in each case, the facts of the crimes available in the record are minimal.
Case No. RIF1100385: On March 3, 2011, defendant pled guilty to receiving stolen property. (Pen. Code, § 496, subd. (a).) The trial court granted him probation on the condition that he serve 180 days in jail. On June 13, 2011, the probation department filed a petition to revoke his probation because he had failed to report for weekend custody and had been arrested for possessing heroin.
All section references are to the Penal Code unless otherwise indicated.
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On November 9, 2011, defendant admitted to violating his probation and agreed to a prison sentence of 16 months, to be served concurrent to any other term. Also on November 9, 2011, defendant plead guilty in the following five cases.
Case No. RIF1104637: First degree robbery (§§ 211 & 212.5, subd. (a)) with a knife allegation (§ 12022, subd. (b)(1)). The agreed sentence was three years in state prison for the robbery and one year for the knife enhancement.
Case No. RIF1104510: First degree burglary (§ 459). The agreed sentence was 16 months consecutive to RIF1104637.
Case No. RIF1102570: Possessing a controlled substance (Health & Saf. Code, § 11350). The agreed sentence was eight months consecutive to RIF1104637.
Case No. RIF 1103224: Possessing a controlled substance. The agreed upon sentence was 16 months concurrent.
Case No. RIF1104471: Possessing a controlled substance. The agreed upon sentence was 16 months concurrent.
At defendant's sentencing for each of the above cases on December 21, 2011, he received the agreed-upon sentences. In addition, at that time defendant also plead guilty in a seventh case, No. RIF1105314, to two counts of first degree burglary and to having committed an offense while released on bail (§ 12022.1, subd. (b). He was sentenced as agreed to four years and eight months consecutive to Case No. RIF1104637.
Defendant's total sentence was 10 years and 8 months in prison.
This appeal followed.
DISCUSSION
Upon defendant's 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 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to conduct an independent review of the 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 independently reviewed the record for potential error and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J. We concur: KING
J.
MILLER
J.