Opinion
A134989
09-25-2012
THE PEOPLE, Plaintiff and Respondent, v. DAMIEN L. WILKERSON, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Alameda County
Super. Ct. No. 167049B)
Damien L. Wilkerson appeals from a judgment upon his plea of no contest to first degree burglary (Pen. Code, § 459.) Defendant also admitted that he suffered a prior prison conviction (§ 667.5, subd. (b).) His counsel raises no issues and asks this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was apprised of his right to file a supplemental brief. On July 27, 2012, defendant filed a letter indicating there were potential issues on appeal. This court construed the letter as a request for additional time to file a supplemental brief and granted defendant 30 days to do so. Defendant did not file a supplemental brief and the time to file one has expired.
All further statutory references are to the Penal Code.
On September 28, 2011, an information was filed charging defendant with first degree burglary and alleging that the offense was a serious felony within the meaning of section 1192.7, subdivision (c) and a violent felony within the meaning of section 667.5, subdivision (c)(21). The information further alleged that defendant suffered two prior strike convictions (§§ 1170.12, subd. (c)(1), 667, subd. (e)(1), as well as a prior serious felony conviction (§ 667, subd. (a)(1).). The charges stemmed from defendant's involvement in the burglary of an occupied home in Berkeley.
On December 28, 2011, defendant pled no contest to first degree burglary and admitted that he suffered a prior prison conviction. The plea was entered with the understanding that the court could sentence defendant to seven years in state prison.
On January, 19, 2012, the court sentenced defendant to the upper term of six years for the burglary offense plus a consecutive one year term for the prior conviction for a total of seven years in state prison. The court awarded defendant 278 days of custody credits.
Defendant was represented by counsel. This court has reviewed the entire record and there are no meritorious issues to be argued.
The judgment is affirmed.
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RIVERA, J.
We concur: ______________
REARDON, ACTING P.J.
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SEPULVEDA, J.
Retired Associate Justice of the Court of Appeal, First Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
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