P. v. Nation
Filed 11/19/13 P. v. Nation CA2/2
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
TWO
THE PEOPLE,
Plaintiff and Respondent,
v.
DEAN WAYNE NATION,
Defendant and Appellant.
B247797
(Los Angeles
County
Super. Ct.
No. KA100164)
THE COURT:
Dean Wayne Nation (Nation) appeals from
the judgment entered on his plea of no contest to attempted first degree
burglary, person present, in violation of Penal Code sections 664/459.
to People
v. Wende (1979) 25 Cal.3d 436, 441 (Wende),
raising no issues. On August 13, 2013, we notified Nation
of his counsel’s brief and gave him leave to file, within 30 days, his own
brief or letter stating any grounds or argument he wants us to consider. That time has elapsed and Nation failed to
submit a letter or brief. Upon review of
the entire record, we conclude that there are no arguable issues. We affirm the judgment.
Nation was arrested after
attempting to break into the home of Jerry Nevarez and was charged with
attempted first degree burglary, person present. It was alleged that Nation had been convicted
of serious or violent felonies within the meaning of section 667, subdivision
(a)(1), serious felonies pursuant to sections 667, subdivisions (b)–(i) and 1170.12,
subdivisions (a)–(d)), and felonies pursuant to section 1203, subdivision
(e)(4). He entered a plea of no contest
and admitted one prior strike allegation as true.
The trial court sentenced Nation to
one year based on the low term for the attempted
burglary conviction. That year was
doubled pursuant to the Three Strikes law, which made the total sentence two
years. Nation received actual credit of
81 days and good time/work time credit of 81 days, for a total of 162 days
custody credit. He appealed.
We have examined the entire record
and are satisfied that Nation’s appellate counsel has fully complied with her
responsibilities and that no arguable
issue exists. We conclude that Nation
has, by virtue of counsel’s compliance with the Wende procedure and our review of the record, received adequate and
effective appellate review of the judgment entered against him in this case. (Smith
v. Robbins (2000) 528 U.S.
259, 278; People v. Kelly (2006) 40
Cal.4th 106, 123–124.)
The judgment is affirmed.
NOT TO
BE PUBLISHED IN THE OFFICIAL REPORTS.
name="_ftn1" title="">* BOREN, P. J.,
ASHMANN-GERST, J., CHAVEZ, J.
name="_ftn2" title="">[1] All further statutory references are to the Penal Code
unless otherwise indicated.
