P. v. Bisinger

Filed 10/9/07 P. v. Bisinger 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

APPEAL from the Superior Court of Riverside County. James T. Warren and Judith C. Clark, Judges. Affirmed.

Patrick E. DuNah, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

On May 22, 2006, a felony complaint in case number SWF016517 was filed by the District Attorney of Riverside County which charged defendant with four counts of second degree burglary (Pen. Code, 459)^[1]and one count of grand theft ( 487, subd. (a)). The grand theft allegation stated that the taking exceeded $50,000.00 in value. ( 12022.6, subd. (a)(1).)

On November 30, 2006, a second complaint was filed by the District Attorney of Riverside County in case number RIF133367 which charged defendant with a violation of section 503, embezzlement of more than $400.00.

On January 30, 2007, pursuant to section 859a, defendant, represented by counsel, pled guilty in case number SWF016517 to counts 1, 2, 3, and 5 and admitted the special allegation charged pursuant to section 12022.6 (a)(1). Defendant also pled guilty in case number RIF133367. Thereafter, and in accordance with the negotiated disposition, defendant was committed to state prison for 32 months in case number SWF016517 and defendant was committed to state prison for 16 months in case number RIF133367 and the latter case was ordered to run concurrent to the former case. Defendant was awarded the appropriate custody credits and count four in case number SWF016517 was dismissed on motion of the district attorney and in the interests of justice pursuant to section 1385.

Statement of facts

In case ending SWF016517 defendant admitted that on November 17, 2005, he entered a building located at 25359 Madison Avenue in Murrieta with the intention of committing theft. Defendant also admitted that on November 21, 2005, he re-entered this building with the intention of committing theft. Defendant further admitted that on November 23, 2005, he entered a building located at 36010 Hidden Spring Road in Wildomar with the intention of committing theft. Between November 17 and 30, 2005, he took money and property exceeding $50,000 from Vons Employee Federal Credit Union.

In case ending RIF133367, defendant admitted that between October 18 and 27, 2006, he took money exceeding $400 from his employer, Pinnacle Window Covering.^[2] 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 judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ

P.J.

We concur:

HOLLENHORST

J.

MILLER

J.

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^[1] All further statutory references are to the Penal Code unless otherwise indicated.

^[2] A police report was not submitted in this case and the factual basis for defendants plea of guilty in both cases comes from the reporters transcript taken at the time of defendants plea of guilty.