P. v. Jones
Filed 4/18/06 P. v. Jones CA4/1
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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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
| THE PEOPLE, Plaintiff and Respondent, v. DEBORAH JONES, Defendant and Appellant. | D047419 (Super. Ct. Nos. SCD172335, SCD167586, SCS194307) |
APPEAL from judgments of the Superior Court of San Diego County, Browder A. Willis III, Alvin E. Green, Jr., and Jeffrey F. Fraser, Judges. Affirmed.
In superior court case No. SCD167586 (SCD167586) on March 27, 2003, Deborah Jones entered negotiated guilty pleas to second degree burglary (Pen. Code, § 459)[1] and possessing a forged check (§ 475, subd. (c)). The same day, in superior court case No. SCD172335 (SCD172335), Jones entered a negotiated guilty plea to procuring a fraudulent prescription for a controlled substance (Health & Saf. Code, § 11173, subd. (a)). In both cases, the court suspended imposition of sentence and placed her on probation for three years, including a condition she serve 365 days in custody and obey all laws.
In superior court case No. SCS194307 (SCS194307), on July 6, 2005, Jones entered a guilty plea to possessing marijuana for sale (Health & Saf. Code, § 11359). The court revoked probation in SCD167586 and SCD172335. In SCS194307 the court sentenced her to serve a stipulated two-year middle term for possessing marijuana for sale with concurrent two-year middle terms in SCD167586 and SCD172335. It awarded 63 days credit for time served in SCS194307 and 306 days credit in cases SCD167586 and SCD172335. The record does not include a certificate of probable cause. (Cal. Rules of Court, rule 30(b).)
DISCUSSION
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as a possible but not arguable issue whether the trial court erred in determining the credit for time served in SCS194307.[2]
We granted Jones permission to file a brief on her own behalf. She has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Jones on this appeal.
DISPOSITION
The judgments are affirmed.
McCONNELL, P. J.
WE CONCUR:
McDONALD, J.
AARON, J.
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[1] All statutory references are to the Penal Code unless otherwise indicated.
[2] Because Jones entered guilty pleas, she cannot challenge the facts underlying the convictions. (§ 1237.5; People v. Martin (1973) 9 Cal.3d 687, 693.) We need not recite the facts.
