>P. v. Williams

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Filed
11/7/13  P. v. Williams CA5

 

 

 

 

 

                                                                                                                         

NOT TO BE PUBLISHED IN THE OFFICIAL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opinion has not been certified for publication or ordered published for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

FIFTH
APPELLATE DISTRICT

 

 
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THE PEOPLE,   Plaintiff and Respondent,                           v.   DARRELL WILLIAMS,   Defendant and Appellant.

F065719   (Super. Ct. Nos. 11CM3946 & 11CM2989)   >OPINION

THE COURThref="#_ftn1" name="_ftnref1" title="">^*

            APPEAL
from a judgment of the Superior Court of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">Kings County.
 Robert Shane Burns, Judge.

            Deborah
Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.

            Office
of the State Attorney General, Sacramento, California, for Plaintiff and
Respondent.

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clear=all >


            Appellant,
Darrell Williams, pled guilty in case No. 11CM3946 to petty theft with a prior
(Pen. Code, § 666), and in case No. 11CM2989, he admitted violating his
probation.  Following href="http://www.fearnotlaw.com/">independent review of the record pursuant
to People v. Wende (1979) 25 Cal.3d
436, we affirm.

FACTUAL AND PROCEDURAL
HISTORY

            On August 17, 2011, Williams was
detained outside a Wal-Mart in Hanford after he took a bottle of vodka and some
candy bars from the store, concealed in his pants.  (Case No. 11CM2989.)

            On October 5, 2011, Williams pled no
contest in case No. 11CM2989 to petty theft (Pen. Code, § 484, subd. (a)) and
was placed on misdemeanor probation for three years. 

            On October 25, 2011, a store clerk
at Cost Less Foods in Hanford observed Williams, who was in a motorized
wheelchair, place a package of meat under his shirt and exit the store.  Williams was then approached by store
security and escorted back into the store. 
(Case No. 11CM2946.)

            On December 7, 2011, the district
attorney filed a complaint in case No. 11CM2946 charging Williams with petty
theft with a prior and a prior prison term enhancement (Pen. Code, § 667.5,
subd. (b)). 

            On April 18, 2012, in case No.
11CM3946, Williams pled guilty to the petty theft offense in exchange for the
dismissal of the prior prison term enhancement. 
Williams also admitted violating his probation in case No.
11CM2989. 

            On May 29, 2012, in case No.
11CM3946, the court sentenced Williams to a three-year local term with one year
to be served on mandatory supervision through the probation department and awarded
him presentence custody credit of 24 days, 12 days of presentence actual
custody credit and 12 days of presentence conduct credit.  In case No. 11CM2989, the court sentenced Williams
to a concurrent sentence of 180 days and awarded him presentence custody credit
of 25 days, 13 days of presentence actual custody credit and 12 days of
presentence conduct credit. 

Williams’s
appellate counsel has filed a brief which summarizes the facts, with citations
to the record, raises no issues, and asks this court to independently review
the record.  (People v. Wende, supra, 25
Cal.3d 436.)  Williams has not responded
to this court’s invitation to submit additional briefing.

            Following an independent review of
the record, we find that no reasonably arguable
factual or legal issues exist.

DISPOSITION

The
judgment is affirmed.