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People v. White

California Court of Appeals, Fourth District, First Division
Sep 21, 2009
No. D054169 (Cal. Ct. App. Sep. 21, 2009)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. PEGGY ANN WHITE, Defendant and Appellant. D054169 California Court of Appeal, Fourth District, First Division September 21, 2009

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County, Charles W. Ervin, Judge. No. SCE277062

McCONNELL, P. J.

A jury found Peggy Ann White guilty of grand theft (Pen. Code, § 487, subd. (a)). White waived her right to a jury trial on a prior prison term allegation (Pen. Code, § 667.5, subd. (b)) and admitted the allegation. The court sentenced her to two years four months in prison: the 16-month lower prison term for grand theft and one year for the prison prior. White appeals. We affirm.

The jury was unable to reach a verdict on a count of burglary (Pen. Code, § 459) and the court declared a mistrial on that count.

BACKGROUND

On January 3, 2008, White left a Sears store with a television set without paying for it. Her actions were recorded by the store's security camera. A sheriff's deputy told her about the security videotape and asked her if she had been in the store in the last week. White said she had not been there since Thanksgiving.

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. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel lists, as possible but not arguable issues, (1) whether White was properly advised of her rights before she waived them and admitted the prison prior; (2) whether the court improperly denied her motion to exclude evidence of her 2001, 2003, and 2004 burglary and theft convictions; (3) whether there is sufficient evidence to support the grand theft conviction; and (4) whether the court erred by giving jury instruction CALCRIM No. 362 [consciousness of guilt—false statement].

We granted White permission to file a brief on her own behalf. She 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. White has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McDONALD, J., O'ROURKE, J.


Summaries of

People v. White

California Court of Appeals, Fourth District, First Division
Sep 21, 2009
No. D054169 (Cal. Ct. App. Sep. 21, 2009)
Case details for

People v. White

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. PEGGY ANN WHITE, Defendant and…

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

Date published: Sep 21, 2009

Citations

No. D054169 (Cal. Ct. App. Sep. 21, 2009)