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People v. White

California Court of Appeals, Fourth District, First Division
Mar 4, 2008
No. D051407 (Cal. Ct. App. Mar. 4, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. SIDNEY LEE WHITE, JR., Defendant and Appellant. D051407 California Court of Appeal, Fourth District, First Division March 4, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. SCE266572, Allan J. Preckel, Judge.

HUFFMAN, J.

Sidney Lee White, Jr., pled guilty to petty theft with a prior (Pen. Code, §§ 666/484) and admitted he had served five prior prison terms (§ 667.5, subd. (b)) and had one prior serious/violent felony or strike conviction (§ 667, subds. (b)-(i)). At that time, the trial court indicated White's sentence would not exceed five years. Subsequently, the court denied White's motion to dismiss his prior strike conviction, but dismissed the five prior prison term enhancements under section 1385. The court sentenced White to four years in prison─imposing the middle term of two years, which was doubled under the three strikes law.

Statutory references are to the Penal Code.

FACTS

On November 27, 2006, White took a drill and a pair of work gloves from a Home Depot store without paying for the items. Store security personnel apprehended White outside the store. White had the gloves and the drill. The value of the drill was $150. The value of the gloves was $10.

White admitted he had previously been convicted of burglary.

DISCUSSION

Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court 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, counsel refers to as possible, but not arguable, issues: (1) whether White's guilty plea was constitutionally valid; (2) whether the trial court abused its discretion by not striking White's prior serious/violent felony conviction; and (3) whether White received ineffective assistance of counsel at trial.

We granted White 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 referred to by appellant's counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented White on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: BENKE, Acting P. J. McDONALD, J.


Summaries of

People v. White

California Court of Appeals, Fourth District, First Division
Mar 4, 2008
No. D051407 (Cal. Ct. App. Mar. 4, 2008)
Case details for

People v. White

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. SIDNEY LEE WHITE, JR., Defendant…

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

Date published: Mar 4, 2008

Citations

No. D051407 (Cal. Ct. App. Mar. 4, 2008)