P. v. Wright
Filed 3/20/07 P. v. Wright CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, Plaintiff and Respondent, v. FRED JASON WRIGHT, Defendant and Appellant. | D048736 (Super. Ct. No. SCN189797) |
APPEAL from a judgment of the Superior Court of San Diego County, Timothy M. Casserly, Judge. Affirmed.
A jury convicted Fred Jason Wright of residential burglary (Pen. Code, 459/460).[1] Wright waived jury and in a bifurcated hearing the trial court found true the prior strike convictions as alleged in the information (34 prior strike convictions were alleged ( 667, subds. (b)-(i), 1170.12, 668), four prior serious felony convictions were alleged ( 667, subd. (a)(1)), and it was alleged Wright had served one prior prison term ( 667.5, subd. (b), 668)). The court sentenced him to prison for 46 years to life: 25 years to life for residential burglary with two prior strike convictions, enhanced by four 5-year terms for prior serious felony convictions and one year for the prior prison term.
FACTS
Viewing the record in the light most favorable to the judgment below (People v. Johnson (1980) 26 Cal.3d 557, 576), the following occurred. On April 9, 2003, Thomas Byrne returned to his home in Carlsbad. He found a family room window broken, a door inside the home had been pried open, and there was blood on the carpet in the family room. At the time, the master bedroom was being remodeled by a contractor and subcontractors. A number of the contractor's and subcontractors' employees had access to the house but no construction was performed on April 9. Property was missing from the home. It was never recovered. The Carlsbad police officer who responded to the crime scene believed the window had been broken from the interior because glass shards were found only outside the home. A DNA sample obtained from the blood found in the family room matched Wright's DNA. The chance the DNA matched another person was one in 890 quadrillion. Byrne did not know Wright and Wright did not have permission to be in Byrne's home.
Wright's prior convictions include:
November 22, 1991 one count of residential burglary, convicted in Superior Court of San Diego County case No. CR127578;[2]
March 27, 1992 one count of residential burglary, convicted in case No. CR5474;
June 22, 1992 12 counts of residential burglary and one count of attempted residential burglary; convicted in case No. CR131401;
June 22, 1992 two counts of residential burglary, convicted in case No. CRN22351.
The People alleged Wright had served one prior prison term resulting from multiple convictions on June 22, 1992. They alleged Wright had four prior serious felony convictions separately brought and tried. The allegations on the third and fourth alleged prior serious felony convictions refer to June 22, 1992, as the date of the convictions; on that date, Wright entered guilty pleas in case No. CR131401 and case No. CRN22351.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible but not arguable issues: (1) whether the trial court erred in failing to instruct the jury sua sponte on circumstantial evidence; and (2) whether the trial court erred in imposing sentence on both the prior prison term and prior serious felony convictions.
We granted Wright permission to file a brief on his own behalf. He has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Wright on this appeal.
DISPOSITION
The judgment is affirmed.
McCONNELL, P. J.
WE CONCUR:
McDONALD, J.
IRION, J.
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[1] All statutory references are to the Penal Code.
[2] All superior court cases numbers are Superior Court of San Diego County cases.
