Opinion
C099769
08-12-2024
THE PEOPLE, Plaintiff and Respondent, v. GREGORY LEE WISE, Defendant and Appellant.
NOT TO BE PUBLISHED
(Super. Ct. No. 22P00651)
BOULWARE EURIE, J.
Appointed counsel for defendant Gregory Lee Wise has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to Wise, we will affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
In 2019, Wise was convicted of manufacturing, distributing, selling, or transporting an assault weapon and the trial court sentenced him to 13 years four months in state prison. (Pen. Code, § 30600, subd. (a).) He was released on parole on September 17, 2021.
The Department of Corrections filed a petition seeking to revoke Wise's parole in May of 2022, alleging that he had committed grand theft, possessed burglary tools, and possessed a deadly weapon. (Pen. Code, §§ 487, subd. (a), 466, 3056.)
As to the grand theft allegation, a Best Buy employee found an open laptop box discarded in the home theater department. When another employee accessed the store's surveillance system, it showed Wise taking the box off the shelf, taking it into the home theater department, opening the security device on it, and removing the laptop. Wise then left the store without paying for the laptop. Officers conducted a parole search of the room Wise resided in with another parolee and found the laptop on the bed Wise purportedly slept on.
The trial court concluded the prosecution met its burden of proving Wise committed grand theft. The trial court revoked Wise's parole and reinstated it on the condition he serve 120 days in jail. Wise timely appealed and did not obtain a certificate of probable cause.
DISCUSSION
Wise's appointed counsel has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) He was advised by counsel of his right to file a supplemental brief within 30 days from the date the opening brief was filed. We have not received any communication from Wise. We have undertaken an examination of the record and conclude there is no arguable error that would result in a disposition more favorable to Wise.
DISPOSITION
The judgment is affirmed.
We concur: HULL, Acting P. J., WISEMAN, J.[*]
[*] Retired Associate Justice of the Court of Appeal, Fifth Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.