Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. BA329575
THE COURT:Elbert Williams (appellant) appeals from the judgment entered following his negotiated plea of guilty to attempted receiving stolen property and his admission that he had suffered one prior violent felony conviction of kidnapping, which required sentencing pursuant to the “Three Strikes” law. (Pen. Code, §§ 664, 496, subd. (a), 667, subds. (b)-(i), 1170.12.) Pursuant to the plea bargain, he was sentenced to a total term of two years in state prison, consisting of a doubled middle term of one year, or two years, for the offense of attempted receiving stolen property.
All further statutory references are to the Penal Code unless otherwise indicated.
We appointed counsel to represent him on this appeal.
After examination of the record, counsel filed an “Opening Brief” in which no issues were raised.
On February 17, 2009, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.
The preliminary hearing transcript discloses that on September 25, 2007, Ryan Vega was the victim of robbery. The following day, appellant approached Vega and told him that appellant had “found [his] stolen... stuff.” Appellant attempted to sell Vega two items taken during the robbery, Vega’s passport and a laptop computer worth $850. Vega told appellant that he had offered a reward of $50 for his stolen property. Appellant refused the reward and told Vega that he wanted $500 for the return of the computer. Vega told appellant that he did not have that kind of money, and appellant replied that Vega should find the funds and that he would return in an hour. Vega telephoned the police. When appellant returned, appellant gave Vega his passport as proof that appellant had the stolen computer in his possession. The police detained appellant. Appellant spontaneously told the officer, “Are you really going to arrest me for finding his stolen sh--.” Appellant also spontaneously told the officers during booking, “Man, this is b-----. I didn’t rob that guy. Those guys were caught. I just have his sh--.”
The information charged appellant with one count of receiving stolen property, Vega’s passport. It also alleged one prior conviction of kidnapping pursuant to the Three Strikes law and that appellant had served a separate prison term following six 2002 felony convictions in case No. GA047794.
On April 8, 2008, the People offered appellant the following negotiated plea offer. The People offered to amend the charge in the information to attempted receiving stolen property. Additionally, if appellant would admit that he had one “strike prior,” appellant would be sentenced to state prison for two years. Appellant agreed to the terms of the plea bargain and waived the requisite constitutional rights. He entered a guilty plea to attempted receiving stolen property and admitted the prior conviction of kidnapping. During the plea, appellant told the trial court that he freely and voluntarily waived his constitutional rights and that he had had sufficient time to discuss the offer of the plea with his appointed trial counsel. His trial counsel agreed to the waivers and the plea and stipulated that there was a factual basis for the plea.
The trial court sentenced appellant, as agreed. It also terminated probation in a number of unrelated misdemeanor probation violation matters that appellant had pending: case Nos. 7HY00642, 4AL05576, 4PA43030, and 6PS04097.
Appellant filed a notice of appeal only in the instant case.
This court read the reporter’s transcript of the April 1, 2008, Marsden motion, which is filed under seal. (People v. Marsden (1970) 2 Cal.3d 118.)
We have examined the entire record and are satisfied that appellant’s attorney has fully complied with his responsibilities and that no arguable issue exists.
DISPOSITION
The judgment is affirmed.