P. v. Cunningham
Filed 6/26/06 P. v. Cunningham CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. BILLY CUNNINGHAM, Defendant and Appellant. | A111374 (San Mateo County Super. Ct. No. SC057961) |
I. INTRODUCTION
Pursuant to a plea agreement, appellant pled no contest to one count of petty theft with prior convictions (Pen. Code, § 666)[1] and admitted both a prior strike conviction and probation ineligibility. He did so, however, on the express condition that the trial court would consider a motion, made pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, to dismiss the prior strike. Appellant brought such a motion, the court considered it, denied it, and sentenced appellant to 32 months in state prison. He appeals and, pursuant to People v. Wende (1979) 25 Cal.3d 436, asks this court to examine the record for any issues that deserve further briefing. We have done so, find none, and hence affirm.
II. FACTUAL AND PROCEDURAL BACKGROUND
On the afternoon of January 7, 2005,[2] a Loss Prevention Officer at a Target store in Daly City saw, via closed circuit television, appellant shoplifting four DVDs. When confronted by another such officer, appellant willingly returned into the store and then and there admitted taking the DVDs because he â€
