P. v. Yostie
Filed 5/15/08 P. v. Yostie 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. DAVID GARRETT YOSTIE, Defendant and Appellant. | D051561 (Super. Ct. No. SCN228029) |
APPEAL from a judgment of the Superior Court of San Diego County, K. Michael Kirkman, Judge. Affirmed.
David Garrett Yostie entered a negotiated guilty plea to petty theft with a prior (Pen. Code, 484/666) and admitted he had a prior serious/violent felony or strike conviction (Pen. Code, 667, subds. (b)-(i)). The plea bargain provided for a stipulated 32-month sentence and the dismissal of five prison prior allegations (Pen. Code, 667.5, subd. (b)). On the day of the sentencing hearing, Yostie expressed a desire to withdraw his plea, but later decided to proceed with sentencing. The trial court sentenced Yostie to 32 months in prisonthe lower term of 16 months doubled under the "Three Strikes" law.
FACTS
On April 24, 2007, Escondido police arrested Yostie and another man for stealing copper and aluminum wire from an electrical box at a vacant building. In 1998, Yostie was convicted of burglary and other theft offenses and served time in prison. (Case Nos. SCE192966 & SCE184905.)
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court 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 Yostie was properly advised of his constitutional rights and the consequences of pleading guilty, and did he waive his rights before he pled guilty; and (2) whether the court erred when Yostie indicated he wanted to withdraw his plea at the sentencing hearing.
We granted Yostie permission to file a brief on his own behalf. He has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Yostie on this appeal.
DISPOSITION
The judgment is affirmed.
McDONALD, J.
WE CONCUR:
NARES, Acting P. J.
IRION, J.
Publication Courtesy of California lawyer directory.
Analysis and review provided by Escondido Property line Lawyers.
