P. v. Runestrand CA3
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By nbuttres
06:22:2017
Filed 4/28/17 P. v. Runestrand CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication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
THIRD APPELLATE DISTRICT
(Placer)
----
THE PEOPLE,
Plaintiff and Respondent,
v.
KENNETH WAYNE RUNESTRAND,
Defendant and Appellant.
C082314
(Super. Ct. No. 62140774)
Appointed counsel for defendant Kenneth Wayne Runestrand has filed an opening
brief that sets forth the facts of the case and asks this court to review the record and
determine whether there are any arguable issues on appeal. (People v. Wende (1979)
25 Cal.3d 436.) Finding no arguable error that would result in a disposition more
favorable to defendant, we will affirm the judgment.
BACKGROUND
We provide the following brief description of the facts and procedural history of
the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
2
In September 2015, defendant entered the garage of Kenneth Phillips with the
intent to commit a theft. Phillips, his wife, and their two children were present in the
home at the time. Defendant pleaded guilty to first degree residential burglary (Pen.
Code, § 459),1 a serious felony (§ 1192.7, subd. (c)(18)) and admitted a person who was
not an accomplice was present during the commission of the burglary, making it a violent
felony (§ 667.5, subd. (c)(21)). Defendant waived his right to appeal. The trial court
dismissed the remaining counts and allegations. In accordance with the plea agreement,
the trial court sentenced defendant to serve a prison term of six years, and awarded him
269 days of presentence custody credit. The trial court ordered defendant to pay $350 for
presentence investigation costs (§ 1203.1b), pay a $1,800 restitution fine (§ 1202.4),
imposed and suspended a $1,800 parole revocation fine (§ 1202.45), and pay a $40 court
operations assessment (§ 1465.8), a $30 conviction assessment (Gov. Code, § 70373), a
$459 booking fee (Gov. Code, § 29550.2), and a $118 incarceration fee (§ 1203.1c). The
trial court denied defendant’s request for a certificate of probable cause.
DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening
brief that sets forth the facts of the case and asks us to determine whether there are any
arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Counsel advised
defendant of the right to file a supplemental brief within 30 days of the date of filing of
the opening brief. More than 30 days have elapsed, and we have received no such
communication from defendant. We have undertaken an examination of the entire record
and find no arguable error that would result in a disposition more favorable to defendant.
We note the abstract of judgment needs to be corrected to include the statutory bases for
1 Undesignated statutory references are to the Penal Code.
3
the presentence investigation costs, booking fee, and incarceration fee. (See People v.
High (2004) 119 Cal.App.4th 1192, 1200-1201.)
DISPOSITION
The judgment is affirmed. The trial court is directed to correct the abstract of
judgment to include the statutory bases for the presentence investigation costs, booking
fee, and incarceration fee. The trial court is directed to forward a certified copy of the
corrected abstract of judgment to the Department of Corrections and Rehabilitation.
/s/
HOCH, J.
We concur:
/s/
ROBIE, Acting P. J.
/s/
MURRAY, J.
Description | In September 2015, defendant entered the garage of Kenneth Phillips with the intent to commit a theft. Phillips, his wife, and their two children were present in the home at the time. Defendant pleaded guilty to first degree residential burglary (Pen. Code, § 459),1 a serious felony (§ 1192.7, subd. (c)(18)) and admitted a person who was not an accomplice was present during the commission of the burglary, making it a violent felony (§ 667.5, subd. (c)(21)). Defendant waived his right to appeal. The trial court dismissed the remaining counts and allegations. In accordance with the plea agreement, the trial court sentenced defendant to serve a prison term of six years, and awarded him 269 days of presentence custody credit. The trial court ordered defendant to pay $350 for presentence investigation costs (§ 1203.1b), pay a $1,800 restitution fine (§ 1202.4), imposed and suspended a $1,800 parole revocation fine (§ 1202.45), and pay a $40 court operations assessment (§ 1 |
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