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P. v. Givens

P. v. Givens
06:08:2007



P. v. Givens



Filed 6/7/07 P. v. Givens CA4/2



NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA





FOURTH APPELLATE DISTRICT





DIVISION TWO



THE PEOPLE,



Plaintiff and Respondent,



v.



DENNIS GIVENS,



Defendant and Appellant.



E041242



(Super.Ct.No. SWF14989)



OPINION



APPEAL from the Superior Court of Riverside County. James T. Warren, Judge. Affirmed with directions.



Jean Ballantine, under appointment by the Court of Appeal, for Defendant and Appellant.



No appearance for Plaintiff and Respondent.



Defendant pled guilty to rape (Pen. Code, 261, subd. (a)(2)), rape with a foreign object (Pen. Code, 289, subd. (a)(1)) and residential robbery (Pen. Code, 211). He was sentenced to the agreed to term of 15 years, 4 months in prison. His request for a certificate of probable cause was denied by the trial court.



Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende(1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] 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 the defendant an opportunity to file a personal supplemental brief, which he has not done.



We have now concluded our independent review of the record and find no arguable issues.



Disposition



The trial court is directed to amend the abstract of judgment to show that the term for Count 2 is not 1/3 the midterm, but the full midterm, imposed pursuant to Penal Code section 667.6, subdivision (c). In all other respects, the judgment is affirmed.



NOT TO BE PUBLISHED IN OFFICIAL REPORTS



RAMIREZ



P.J.



We concur:



McKINSTER



J.



RICHLI



J.



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Description Defendant pled guilty to rape (Pen. Code, 261, subd. (a)(2)), rape with a foreign object (Pen. Code, 289, subd. (a)(1)) and residential robbery (Pen. Code, 211). He was sentenced to the agreed to term of 15 years, 4 months in prison. His request for a certificate of probable cause was denied by the trial court.
Court have now concluded our independent review of the record and find no arguable issues.
The trial court is directed to amend the abstract of judgment to show that the term for Count 2 is not 1/3 the midterm, but the full midterm, imposed pursuant to Penal Code section 667.6, subdivision (c). In all other respects, the judgment is affirmed.

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