P. v. Duong

Filed 7/31/06 P. v. Duong CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent, A111893

v. (Napa County Super.

Ct. Nos. CR 116067, CR 124033)

ICH TU DUONG,

Defendant and Appellant.

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Ich Tu Duong appeals the sentence imposed following his conviction by plea of no contest to one count of second degree burglary and one count of receiving stolen property in case number CR 116067 and one count of second degree burglary in case number CR 124033. (Pen. Code,^[1] §§ 459, 496, subd. (a).) Defendant's court-appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.

BACKGROUND

Case Number CR 116067

Because defendant waived a preliminary hearing, the facts are taken from the presentence report, which relied on the sheriff's report.

On November 26, 2003, defendant attempted to purchase merchandise at the Pepi winery using three different credit cards, all in the name â€