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People v. Wren

California Court of Appeals, Fourth District, Second Division
May 20, 2011
No. E052187 (Cal. Ct. App. May. 20, 2011)

Opinion

NOT TO BE PUBLISHED

APPEAL from the Superior Court of Riverside County. No. RIF10003256 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.)

Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


OPINION

McKinster J.

INTRODUCTION

On August 2, 2010, a complaint charged defendant and appellant Donna Jean Wren with burglary in violation of Penal Code section 459 (count 1); possession of stolen checks in violation of section 476 (count 2); and petty theft with a prior under sections 666 and 484 (count 3).

All statutory references are to the Penal Code unless otherwise specified.

On September 2, 2010, defendant pled guilty to count 1; counts 2 and 3 were dismissed. The plea agreement provided that defendant would receive a three-year sentence to run concurrent with the sentences already imposed on August 5, 2010, in cases RIF10002987 (three years); RIF10001391 (16 months); and RIF153849 (16 months). Defendant requested immediate sentencing and was sentenced to the agreed-upon term of three years in state prison. The trial court ordered the term to run concurrent with the sentences in the other cases. Defendant was credited with 56 days of actual credit and 56 days of credit under section 4019. The court ordered a $300 restitution fine and a $300 parole revocation fine.

On October 29, 2010, defendant filed her notice of appeal. Defendant also requested a certificate of probable cause; the trial court granted defendant’s request.

STATEMENT OF FACTS

On May 14, 2010, Douglas Thompson filed an identity theft report with the San Bernardino County Sheriff’s Department. He claimed that someone had presented fictitious checks with his bank account number. Some checks that had been passed had defendant’s name, “Donna Wren, ” on them. Deputies discovered that one check had been cashed at a Stater Brothers store in Norco. Store surveillance video showed defendant cashing the check. Since the check was cashed in Riverside County, the case was transferred to the authorities in Riverside County.

ANALYSIS

After defendant appealed, and upon her request, this court appointed counsel to represent her. 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, but she 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.

We concur: Ramirez P.J., King J.


Summaries of

People v. Wren

California Court of Appeals, Fourth District, Second Division
May 20, 2011
No. E052187 (Cal. Ct. App. May. 20, 2011)
Case details for

People v. Wren

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. DONNA JEAN WREN, Defendant and…

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

Date published: May 20, 2011

Citations

No. E052187 (Cal. Ct. App. May. 20, 2011)