P. v. Oliver
Filed 2/2/06 P. v. Oliver CA1/2



NOT TO BE PUBLISHED


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 This opinion has not been certified for publication or ordered published for purposes of rule 977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.

SHUNN DUWAYNE OLIVER,

Defendant and Appellant.
A107567

(Contra Costa County

Super. Ct. No. 040656-1)


This appeal from a judgment of conviction is unusual in that it involves no claims of error committed at trial. The sole contention pertains to proceedings to settle the appellate record. Defendant Shunn Duwayne Oliver argues the record as settled by the trial court is inadequate to permit meaningful appellate review of the evidence submitted to the jury to prove enhancement allegations that he had two prior felony convictions. We reject this argument and affirm the judgment.

BACKGROUND

A jury found defendant guilty as charged of one count of second degree burglary (Pen. Code, §§ 459-460(b)) and one count of grand theft (Pen. Code, § 487). The jury then considered whether defendant had two prior felony convictions for which he served terms in state prison (Pen. Code, § 667, subd. (b)). The evidence presented on the priors consisted of exhibits--documents prepared by the Department of Corrections as authorized by Penal Code section 969b. Before the exhibits were submitted to the jury, the court asked if there was any objection. Defense counsel stated: â€