P. v. Belton
Filed 8/26/13 P. v. Belton CA3
NOT TO BE PUBLISHED
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opinion has not been certified for publication or ordered published for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
THIRD APPELLATE
DISTRICT
(Yolo)
----
THE PEOPLE,
Plaintiff and Respondent,
v.
JUVOUNE RAY BELTON,
Defendant and Appellant.
C073073
(Super. Ct. No.
CRF122221)
Appointed
counsel for defendant Juvoune Ray Belton has asked this court to review the
record to determine whether there exist any arguable
issues on appeal. (
436 (Wende).) We shall affirm the judgment.
In April
2012, defendant entered the victim’s unoccupied apartment with the intent to
commit a theft and took property valued at approximately $1,200.
A felony
complaint charged defendant with first
degree burglary (Pen. Code, § 459)
and receiving stolen property (§ 496, subd. (a)) in Yolo
County. The complaint further alleged that
defendant’s prior conviction rendered him eligible for sentencing to state
prison. Defendant pleaded no contest to
the first degree burglary and the remaining count was dismissed. In an unrelated incident, defendant was
convicted of committing a robbery (§ 211) in May 2012 in Sacramento
County. The plea agreement included the provision
that the Yolo
County burglary would become the principal term, for which defendant would
receive a two-year term, and the court would resentence defendant on the Sacramento
County robbery to one-third the
midterm, or one year. The trial court
sentenced defendant in accordance with the plea to an aggregate term of three
years in prison. Defendant was held in Yolo
County on an order to produce from
the Department of Corrections and Rehabilitation in the Sacramento
County case. Accordingly, he did not earn presentence
custody credits while held in custody in Yolo
County. The trial court awarded defendant 92 days of
actual custody credit, and ordered defendant to pay a $240 restitution fund
fine (§ 1202.4), a $30 criminal conviction assessment (Gov. Code,
§ 70373) and a $40 court security fee (§ 1465.8, subd. (a)(1)). Defendant did not obtain a
Counsel
filed an opening brief that sets forth
the facts of the case and requests this court to review the record and determine
whether there are any arguable issues on appeal. (Wende,
supra, 25 Cal.3d 436.) Counsel
advised defendant of the right to file a supplemental brief within 30 days of
the date of filing of the opening brief.
More than 30 days have elapsed, and we have received no communication
from defendant. Having undertaken an
examination of the entire record, we find no arguable error that would result
in a disposition more favorable to defendant.
The judgment is affirmed.
DUARTE , J.
We concur:
MAURO , Acting P.
J.
MURRAY , J.
name="_ftn1" title="">[1] Further undesignated statutory references are
to the Penal Code.
