Opinion
E054440
03-22-2012
Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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.
(Super.Ct.No. RIF10002276)
OPINION
APPEAL from the Superior Court of Riverside County. J. Thompson Hanks, Judge. (Retired judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.
Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
INTRODUCTION
On May 21, 2010, a felony complaint charged defendant and appellant Charles W. Works with unlawful taking of a vehicle under Vehicle Code section 10851, subdivision (a) (count 1); unlawful receipt of stolen property under Penal Code section 496d, subdivision (a) (count 2); unlawful possession of an aluminum club under Penal Code section 12020, subdivision (a)(1) (count 3); and unlawful possession of methamphetamine under Health and Safety Code section 11377, subdivision (a) (count 4). The complaint also alleged that defendant was previously convicted of vehicle theft under Penal Code section 666.5, subdivision (a). Furthermore, the complaint alleged that defendant served five prior prison terms under Penal Code section 667.5, subdivision (b).
Defendant pled guilty to counts 1 and 3. Upon motion of the people, the trial court dismissed counts 2 and 4. Under the terms of the plea agreement, the parties stipulated to a sentence of three years in state prison, consisting of the low term of two years as to count 1; the low term of one year four months as to count 3, to run concurrently with count 1; and one year under Penal Code section 667.5, subdivision (b). The trial court struck the other four prior prison term allegations under Penal Code section 667.5, subdivision (b).
On September 1, 2011, defendant filed a timely notice of appeal challenging the sentence or other matters occurring after the plea.
STATEMENT OF FACTS
There are no facts in the record concerning the charges in this case. As a factual basis for his plea, defendant admitted that he committed the offenses charged in the complaint.
ANALYSIS
After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief in both cases, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MCKINSTER
Acting P.J.
We concur:
RICHLI
J.
MILLER
J.