P. v. McCoy
Filed 7/28/09 P. v. McCoy CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SECOND APPELLATE DISTRICT
DIVISION FOUR
THE PEOPLE, Plaintiff and Respondent, v. SEQUARIER M. MCCOY, Defendant and Appellant. | B211829 (Los Angeles County Super. Ct. No. TA097371 |
APPEAL from a judgment of the Superior Court of Los Angeles County, Arthur M. Lew, Judge. Affirmed.
Christine C. Shaver, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Sequarier M. McCoy appeals from the judgment entered following her no contest plea to arson of an inhabited structure or property (Pen. Code, 451, subd. (b)) and her admission that she suffered a prior conviction of a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, 1170.12, subds. (a) (d) and 667, subds. (b) (i)) and a serious felony within the meaning of Penal Code section 667, subdivision (a)(1). Pursuant to her negotiated plea, she was sentenced to prison for a total of 11 years, consisting of the low term of three years, doubled by reason of her prior strike conviction plus five years by reason of her prior serious felony conviction. Pursuant to the plea, the charge of first degree residential burglary (Pen. Code, 459) was dismissed. Appellant was given credit for 100 days served plus 15 days conduct credit for a total of 115 days and ordered to pay a $200 restitution fine, a $200 parole revocation fine, a $20 court security fee, and a $20 DNA fee. She was ordered to register as a convicted arsonist within 14 days of establishing a temporary or permanent residence and ordered to pay actual restitution to the victim and/or to the state victims restitution fund in an amount to be determined by the court at a future hearing. She waived her right to be present at the restitution hearing.
The evidence at the preliminary hearing establishes that on May 19, 2008, appellant entered the residence at 1526 East 106th Street in the County of Los Angeles and threw gas on the kitchen and den curtains and set them on fire. She then threw gas into the front room of the residence and set it on fire. After setting fire to the house, she walked away. Two days before, appellant had threatened two of the occupants of the house, stating, Ill burn this mother-fucker down.
After review of the record, appellants court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.
On March 24, 2009, we advised appellant that she had 30 days within which to personally submit any contentions or issues which she wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied that no arguable issues exist and that appellant has, by virtue of counsels compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against her in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
MANELLA, J.
We concur:
EPSTEIN, P. J.
SUZUKAWA, J.
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