P. v. Keeth

Filed 8/31/06 P. v. Keeth CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of San Bernardino County. Eric M. Nakata, Judge. Affirmed.

Diane Nichols, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance by Plaintiff and Appellant.

Defendant and appellant Bobby Keeth, by way of an information filed June 17, 2003, was charged along with codefendants Raymond Gonzales and Carlos Hernandez^[1] with one count of murder in violation of Penal Code section 187, subdivision (a).^[2] The murder charge also carried with it a special circumstance allegation pursuant to section 190.2, subdivision (a)(10) that the victim was a witness to a crime and that the murder was committed to prevent the victim from testifying in a criminal proceeding. Count 2 of the information alleged a residential burglary in violation of sections 459/462, subdivision (a). The San Bernardino County District Attorney also asserted in the information that the offenses charged were violent and serious felonies that came within the meaning of sections 1192.7, subdivision (c) and 667.5, subdivision (c).

On December 21, 2005, by way of agreement and plea bargain with the district attorney, the information was amended as to defendant to allege second degree murder and an enhancement pursuant to section 12022, subdivision (b)(1). Defendant, represented by counsel, was permitted to plead guilty to the amended information and admit the personal use of a deadly weapon allegation in exchange for a prison term of 16 years to life. All other charges and allegations were dismissed. The parties stipulated the preliminary hearing transcript constituted a factual basis for the plea.

Sentence was imposed on defendant pursuant to the plea bargain on March 8, 2006. He received 15 years to life on the second degree murder conviction and one year to be served consecutively for the weapons enhancement. Defendant was awarded 1,308 days’ credit for time served and was denied conduct credits pursuant to section 2993.2, over the objection of defense counsel. Appropriate restitution fines were imposed and/or stayed pursuant to sections 1202.4 and 1202.45. The court also ordered booking fees in the amount of $79.86 to be paid and that DNA samples be taken from defendant in compliance with section 296.

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.

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RICHLI

Acting P.J.

We concur:

GAUT

J.

MILLER

J.

Publication courtesy of California pro bono legal advice.

Analysis and review provided by La Mesa Property line Lawyers.

^[1] Gonzales and Hernandez are not parties to this appeal.

^[2] All further statutory references are to the Penal Code unless otherwise designated.