P. v. Kelley CA3
Appointed counsel for defendant, Gregory Dean Kelley, has asked 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 affirm the trial court’s order.
FACTS AND HISTORY OF THE PROCEEDINGS
The People’s complaint charged defendant with driving or taking a vehicle without the consent of the owner (Veh. Code, § 10851, subd. (a)) with an allegation he had suffered a prior strike (Pen. Code, §§ 667, subd. (b)-(i), 1170.12, subd. (b).) (Statutory section citations that follow are found in the Penal Code.) The parties resolved the case with defendant pleading guilty and admitting the prior strike. In exchange, defendant would receive a stipulated sentence to the lower term of 16 months doubled to 32 months because of the prior strike. The stipulated factual basis for the plea was that defendant took his friend’s Ford
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