Filed 12/13/18 P. v. Rosas CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of Riverside County. David A. Gunn, Judge. Affirmed.

Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

FACTUAL AND PROCEDURAL HISTORY

A. PROCEDURAL BACKGROUND

On October 20, 2017, an information charged defendant and appellant Armando Medina Rosas with residential burglary, a felony (Pen. Code, § 459, count 1); cruelty to animals, a felony (Pen. Code, § 597, subd. (a); count 2); attempted auto theft, a felony (Pen. Code, § 664 & Veh. Code, § 10851; count 3); and resisting an executive officer, a felony (Pen. Code, § 69; count 4). The information also alleged that defendant had suffered a strike prior, a 2016 attempted robbery conviction. (Pen. Code, §§ 667, subd. (c) & (e)(1), 1170.12, subd. (c)(1).) The information further alleged that defendant had suffered a prison prior under Penal Code section 667.5, subdivision (b).

On May 1, 2018, the trial court granted the People’s motion to amend the information to include the allegation of a serious five-year prior under Penal Code section 667, subdivision (a)(1), for the 2016 attempted robbery conviction.

On May 1, 2018, defendant pled guilty to all four counts, admitted the strike and serious felony prior of attempted robbery on April 1, 2016. Thereafter, the trial court imposed the low term of two years for the residential burglary counts, doubled to four years under the “Three Strikes” law, and imposed a consecutive five years for the serious felony prior. The court also imposed concurrent terms as follows: the midterm of two years for count 2 (cruelty to animals); the midterm of one year on count 3 (attempted auto theft); and the midterm of two years for count 4 (resisting an executive officer). Therefore, the court imposed a total term of nine years. The trial court awarded defendant 276 actual days of credits and 276 days of conduct credit, for a total of 552 days. Additionally, the court imposed a probation revocation restitution fine of $300 under Penal Code section 1202.4, subdivision (b), and suspended a $300 restitution fine unless parole is later revoked under Penal Code section 1202.45, subdivision (c). Furthermore, the court imposed a court security fine of $160 under Penal Code section 1465.8 and a criminal assessment fine of $120 under Government Code section 70373.

On June 13, 2018, defendant filed a timely notice of appeal, and the court granted defendant’s request for a certificate of probable cause. On June 25, 2018, defendant filed a timely amended notice of appeal challenging his sentence.

B. FACTUAL BACKGROUND

Defendant admitted that on July 30, 2017, he entered an inhabited dwelling in Riverside, California; he killed an animal; he attempted to take a 2003 Toyota Tacoma; and he delayed an officer or resisted him by means of force or violence.

DISCUSSION

After defendant appealed, and upon his request, this court appointed counsel to represent him. On September 21, 2018, counsel filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 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 offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no error.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

MILLER

J.

We concur:

McKINSTER

Acting P. J.

SLOUGH

J.