P. v. Jones

Filed 8/25/08 P. v. Jones CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

Stephen Edward Jones appeals following his plea of no contest to a single count of grand theft. Counsel has briefed no issues and asks for our review of the record of the proceedings. (People v. Wende (1979) 25 Cal.3d 436.) Jones has not filed a supplemental brief. We have reviewed the record and affirm.

According to preliminary hearing testimony, the owner of a shopping mall jewelry store determined that several thousand dollars worth of diamond rings were missing from a store showcase. The owner learned that while he was out of the store, a store employee had tried to stop a man from reaching into the jewelry cabinet. The man split the employees lips when he punched the employee in the face and ran off. The employee did not identify Jones to the police as the person who punched him.

Security personnel detained Jones in front of the mall entrance. Jones complained that he was in pain and was taken to the hospital. After he was read his Miranda rights, Jones told a police officer that he went to the store to make a purchase, but someone used a racial slur and told him he could not buy jewelry. Jones said he pushed the man, and two or three other guys came over and assaulted him. A doctor at the hospital told the police officer that x-rays showed that Jones had three shiny objects in his digestive system.

Jones was charged with second degree robbery and grand theft. The information also alleged that Jones served prison terms for 12 prior felony convictions. Jones pled no contest to one count of grand theft, in exchange for a specified upper term prison sentence of three years and the prosecutors agreement to dismiss the robbery charge and enhancements. The court accepted the plea, and defense counsel stipulated that the preliminary hearing transcript contain a factual basis for the plea. The robbery charge and the enhancements were dismissed.

A conflict defender was appointed to investigate whether there was a basis for Jones to withdraw his plea. The court granted several continuances to allow conflict counsel to investigate. At the sentencing hearing, conflict counsel reported there was no basis to withdraw the plea. The court denied probation and sentenced Jones to three years in prison, with 432 days of credits. The court also imposed a $600 restitution fine. Jones timely appealed, and the court granted his request for a certificate of probable cause.

Jones was represented by counsel at all stages of the proceedings. He was advised of his rights and of the consequences of his plea. There was no error in the sentence imposed. Appellate counsel advised Jones of his right to file a supplemental brief in this court within 30 days of counsels opening brief, but no supplemental brief has been filed. Full review of the record reveals no issue that requires further briefing.

DISPOSITION

The judgment is affirmed.

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Siggins, J.

We concur:

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Pollak, Acting P.J.

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Jenkins, J.

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People v. Jones, A121100