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P. v. Stewart

P. v. Stewart
11:08:2006

P. v. Stewart




Filed 10/10/06 P. v. Stewart 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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











THE PEOPLE,


Plaintiff and Respondent,


v.


BRIYAN OSBUN STEWART,


Defendant and Appellant.



E040141


(Super.Ct.No. RIF127528)


OPINION



APPEAL from the Superior Court of Riverside County. Janice R. McIntyre, Judge. (Retired judge of the Super. Ct. for Riverside County, assigned by the Chief Justice pursuant to art. VI, § 6, of the Cal. Const.) Affirmed.


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


No appearance for Plaintiff and Respondent.


In case number RIF-127528, the defendant, represented by counsel, pled guilty to a violation of Penal Code section 459, and admitted the special allegations filed pursuant to Penal Code sections 667.5, subdivision (b), 667, subdivision (c) - (e)(1) and 1170.12, subdivision (c)(1) as charged in the felony complaint filed on December 15, 2005, by the District Attorney of Riverside County.


In accordance with the negotiated disposition, the defendant was committed to state prison for 44 months less custody credits and the remaining counts were dismissed. Additionally, in misdemeanor case No. RIF-119518, the defendant admitted to violations of probation and the trial court reinstated his grant of probation and terminated the matter as well as dismissing various traffic violation cases. (Pen. Code, § 1385.)


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


RAMIREZ


P.J.


We concur:


HOLLENHORST


J.


MILLER


J.


Publication Courtesy of California attorney referral.


Analysis and review provided by Vista Property line attorney.





Description In case number RIF-127528, the defendant, represented by counsel, pled guilty to a violation of Penal Code section 459, and admitted the special allegations filed pursuant to Penal Code sections 667.5, subdivision (b), 667, subdivision (c) - (e)(1) and 1170.12, subdivision (c)(1) as charged by the District Attorney of Riverside County.
Defendant appealed requesting an independent review of the record. Court found no arguable issues. The judgment is affirmed.

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