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P. v. Powell

P. v. Powell
07:22:2013





P




 

 

 

P. v. Powell

 

 

 

 

 

 

 

 

Filed 7/2/13  P. v. Powell CA2/6

 

 

 

 

 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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

 

SECOND APPELLATE
DISTRICT

 

DIVISION SIX

 

 
>






THE PEOPLE,

 

    Plaintiff and
Respondent,

 

v.

 

KENNETH A. POWELL,

 

    Defendant and
Appellant.

 


2d Crim. No.
B244362

(Super. Ct. No.
2008041295)

(Ventura
County)


 

                        Kenneth A. Powell
appeals a judgment of conviction after he expressly waived his href="http://www.mcmillanlaw.com/">constitutional rights and pleaded guilty
to 11 counts of grand theft and four counts of theft from an elder person, and
admitted great taking and pattern of fraudulent transactions.  (Pen. Code, §§ 487, subd. (a), 368,
subd. (a), 12022.6, subd. (a)(1),href="#_ftn1"
name="_ftnref1" title="">[1]
186.11, subd. (a).)  The trial court
sentenced Powell to 18 years in prison, and awarded him 672 days of presentence
custody credit.  The court also imposed a
$3,600 restitution fine, a $3,600 parole revocation restitution fine (stayed),
a $600 court security assessment, a $525 criminal conviction assessment, and
ordered victim restitution.  (>Id.,
§§ 1202.4, subd. (b), 1202.45, 1465.8, subd. (a); Gov. Code,
§ 70373.)  It then dismissed the
remaining counts and allegations on the motion of the prosecutor. 

                        We appointed href="http://www.fearnotlaw.com/">counsel to represent Powell in this
appeal.  After counsel's examination of
the record, he filed an opening brief raising no issues.

                        On February 22, 2013, we advised Powell by mail that
he had 30 days within which to personally submit any href="http://www.mcmillanlaw.com/">contentions or issues that he wished to
raise on appeal.  We have not received a
response.

                        We have reviewed the
entire record and are satisfied that Powell's attorney has fully complied with
his responsibilities and that no arguable
issue
exists.  (People v. Wende (1979) 25 Cal.3d 436, 441.)

                        The judgment is
affirmed.

                        NOT TO BE PUBLISHED.

 

 

 

 

                                                                        GILBERT,
P.J.

 

 

We concur:

 

 

 

                        YEGAN, J.

 

 

 

                        PERREN, J.



Kevin J. McGee, Judge

 

Superior
Court County
of Ventura

 

______________________________

 

 

                        Richard
B. Lennon, under appointment by the Court of Appeal, for Defendant and
Appellant.

 

                        No
appearance for Plaintiff and Respondent.





id=ftn1>

href="#_ftnref1"
name="_ftn1" title="">[1] (Former § 12022.6, repealed by Stats. 2010,
ch.711, § 4, eff. Jan. 1, 2012.)








Description Kenneth A. Powell appeals a judgment of conviction after he expressly waived his constitutional rights and pleaded guilty to 11 counts of grand theft and four counts of theft from an elder person, and admitted great taking and pattern of fraudulent transactions. (Pen. Code, §§ 487, subd. (a), 368, subd. (a), 12022.6, subd. (a)(1),[1] 186.11, subd. (a).) The trial court sentenced Powell to 18 years in prison, and awarded him 672 days of presentence custody credit. The court also imposed a $3,600 restitution fine, a $3,600 parole revocation restitution fine (stayed), a $600 court security assessment, a $525 criminal conviction assessment, and ordered victim restitution. (Id., §§ 1202.4, subd. (b), 1202.45, 1465.8, subd. (a); Gov. Code, § 70373.) It then dismissed the remaining counts and allegations on the motion of the prosecutor.
We appointed counsel to represent Powell in this appeal. After counsel's examination of the record, he filed an opening brief raising no issues.
On February 22, 2013, we advised Powell by mail that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response.
We have reviewed the entire record and are satisfied that Powell's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
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