P. v. Robson CA4/2
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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THE PEOPLE,
Plaintiff and Respondent,
v.
ALEC JAMES ROBSON,
Defendant and Appellant.
E067539
(Super.Ct.No. INF1600875)
OPINION
APPEAL from the Superior Court of Riverside County. Graham A. Cribbs, Judge. (Retired Judge of the Riverside Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.
Allison L. Ehlert, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant and appellant Alec James Robson is serving three years eight months in county jail after a jury convicted him of commercial burglary and identity theft. We affirm.
FACTS AND PROCEDURE
On June 30, 2016, defendant was arrested by police based on surveillance footage from a convenience store where a stolen credit card was used. Defendant had in his wallet another credit card belonging to the victim, whose purse was stolen and her credit card used, but was not in possession of the credit card that was used at the convenience store. Defendant was also in possession of a bicycle. Four days prior, the victim noticed her purse and keys had been stolen from an unlocked car in her open garage, and noticed a man riding a bicycle nearby in 110-degree weather.
On August 22, 2016, the People filed an information charging defendant in count 1 with residential burglary (Pen. Code, § 459) ; in count 2 with commercial burglary (§ 459); and in count 3 with identity theft (§ 530.5, subd. (a). The People alleged defendant had a prior prison term conviction. (§ 667.5, subd. (b).)
A jury convicted defendant of counts 2 and 3, but acquitted him of count 1. The court found true the prison prior.
On December 2, 2016, the court sentenced defendant to three years eight months as follows: the middle term of two years for count 2, eight months for count 3, and one year for the prison prior, all to be served consecutively.
On January 13, 2017, the court ordered defendant to pay $148.49 in victim restitution.
This appeal followed.
DISCUSSION
Upon defendant’s request, this court appointed counsel to represent him on appeal. Upon examination of the record, 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, setting forth a statement of the case, a summary of the facts and potential arguable issues, and requesting this court conduct an independent review of the record.
We offered defendant an opportunity to file a personal supplemental brief, and he has not done so.
An appellate court conducts a review of the entire record to determine whether the record reveals any issues which, if resolved favorably to defendant, would result in reversal or modification of the judgment. (People v. Wende, supra, 25 Cal.3d at pp. 441-442; People v. Feggans (1967) 67 Cal.2d 444, 447-448; Anders v. California, supra, 386 U.S. at p. 744; see People v. Johnson (1981) 123 Cal.App.3d 106, 109-112.)
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the entire record for potential error and find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
McKINSTER
J.
FIELDS
J.
Description | Defendant and appellant Alec James Robson is serving three years eight months in county jail after a jury convicted him of commercial burglary and identity theft. We affirm. |
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