P. v. Verduzco
Filed 5/16/07 P. v. Verduzco CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIRST APPELLATE DISTRICT
DIVISION FOUR
THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO CASILLIAS VERDUZCO, Defendant and Appellant. | A116054 (San Mateo County Super. Ct. No. SC061309A) |
Pursuant to a negotiated disposition, appellant Francisco Casillias Verduzco pled no contest to grand theft (Pen. Code,[1] 487, subd. (a)), admitted a prior strike ( 1170.12, subd. (c)(1)), and admitted three state prison priors ( 667.5, subd. (b)). In exchange, appellant was to receive a 4 year state prison top. Consistent with the negotiated disposition, appellant was sentenced to four years in state prison.
Counsel for appellant has filed an opening brief raising no issues and asking this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have conducted the requested review and conclude that there are no arguable issues.
A recitation of the underlying facts is unnecessary in light of appellants plea. Appellant was informed by appellate counsel of the opportunity to file a supplemental brief and has not done so. He was represented throughout trial by counsel. The record demonstrates that appellants plea and admission of priors were validly entered. There was no abuse of discretion in denying appellants motion to strike the strike prior under Romero.[2] Appellant was sentenced to the agreed-upon midterm of two years, which was doubled under the Three Strikes law,[3]for a total of four years. There was no sentencing error.
Judgment affirmed.
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Reardon, J.
We concur:
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Ruvolo, P.J.
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Rivera, J.
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[1]All section references are to the Penal Code.
[2]People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
[3]Sentence on the state prison priors was stayed in the interests of justice.
