P. v. White

Filed 7/7/06 P. v. White CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION TWO

Appellant's counsel filed an opening brief in which he raises no issues and asks this court for an independent review of the record. (People v. Wende (1979) 25 Cal.3d 436.)

BACKGROUND

Appellant was charged by information with: grand theft (count 1, Pen. Code, § 487, subd. (a)) and auto theft (count 2, Veh. Code, § 10851, subd. (a)). He waived his right to a preliminary hearing and pled guilty to count 2 on the understanding that a sentence of three years and a fine could be imposed. Prior to acceptance of the plea, the court advised appellant of the constitutional rights to be waived, including the right to trial, the right to confront one's accusers, the right to subpoena witnesses in support, and the right to remain silent. The trial court also fully advised appellant of the consequences of his guilty plea including: prohibition from owning or possessing a firearm or ammunition, the payment of restitution, and the payment for any damage to the vehicle. Appellant expressly indicated that his plea was voluntary and that he was unaffected by medications he was currently taking. There was a factual basis for the plea.

The court found that appellant's previous felony convictions warranted denial of probation. The court also noted that appellant's criminal record is lengthy and of increasing seriousness; which is an aggravating circumstance not mitigated by appellant's medical conditions. The early acknowledgment of wrongdoing was recognized by the court as a mitigating factor but found not to outweigh the factors in aggravation. Accordingly, appellant was sentenced to three years imprisonment. Appellant was given credit for 122 actual days in custody plus 60 days under Penal Code section 4019 for a total of 182 days credit. Appellant was ordered to pay $600 restitution under Penal Code section 1202.4, subdivision (b), and actual restitution to the victim in the amount of $1,874.52. We have carefully reviewed the entire record and discern no error in the waiver of rights and admonishments leading up to entry of the plea. We find no error in sentencing. There being no meritorious issues to be argued, the judgment is affirmed.

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Lambden, J.

We concur:

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Kline, P.J.

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Richman, J.

People v. White (A111916)

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