P. v. Moore

Filed 1/22/07  P. v. Moore CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

            APPEAL from the Superior Court of Riverside County.  James T. Warren, Judge.  Affirmed.

            Patrick E. DuNah, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

On March 16, 2006, in case No. SWF015717, the District Attorney of Riverside County filed a felony complaint which alleged in Counts 1 and 2 violations on separate dates of Penal Code^[1] section 211, robbery by means of force and fear while acting in concert (§ 213, subd. (a)(1)(A)) and count 3, burglary of an inhabited dwelling (§ 459).  The District Attorney also filed special allegations pursuant to §§ 667.5, subdivision (c)(21), 12022.5, subdivision (a), 1192.7, subdivision (c)(8) and 12022, subdivision (a)(1).

Thereafter, on April 18, 2006, pursuant to §§ 859a and 1192.7, defendant, represented by counsel, pled guilty to all counts charged and admitted the special allegations charged pursuant to § 12022.53, subdivision (b) and 1192.7, subdivision (c)(8).  In accordance with the negotiated disposition, defendant was committed to state prison for 15 years less custody credits and the remaining special allegations were stricken on motion of the district attorney and in the interests of justice.  (§ 1385.)

Facts

There are no detailed facts or information concerning the crimes committed by defendant.  Defendant admitted as the factual basis for the plea bargain that on separate occasions (March 13 and 16, 2006) while acting in concert with two or more persons, he unlawfully entered an inhabited dwelling and took personal property from the victims while using a firearm.  Defendant also admitted that on March 13, 2006, he entered an inhabited dwelling with the intent to commit a felony.

Defendant appealed, and upon his request this court appointed counsel to represent him.  Counsel has filed a brief under the authority of People v. Kelly (Nov. 27, 2006, S133114) __Cal.4th__ [2006 D.A.R. 15444], People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] 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 invited defendant to submit a personal supplemental letter brief, which he has done.  The 4-page supplemental letter brief submitted by defendant suggests that the trial court improperly sentenced defendant.  As to the suggested areas of inquiry, we find nothing on examination of arguable merit.  Defendant was sentenced to 15 years in state prison in accordance with the plea bargain and the disposition that was agreed to between him and the People.  Error, if any, was waived by defendant.

Disposition

Our independent evaluation of the record discloses no basis for reversal.  The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ                             

                                                P.J.

We concur:

McKINSTER                        

                                             J.

KING                                     

                                             J.

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            ^[1]  All further statutory references are to the Penal Code unless otherwise indicated.