P. v. Thomas

















Filed 7/3/12 P.
v. Thomas CA4/1

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>NOT TO BE PUBLISHED IN
OFFICIAL REPORTS

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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 This opinion has not been
certified for publication or ordered published for purposes of rule 8.1115>.



COURT OF APPEAL, FOURTH APPELLATE DISTRICT



DIVISION ONE



STATE OF CALIFORNIA






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THE PEOPLE, Plaintiff and Respondent, v. JASON RYAN THOMAS, Defendant and Appellant.

D061340 (Super. Ct. No. SCS25912)

APPEAL
from a judgment of the Superior Court of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">San Diego
County, Kathleen M. Lewis, Judge. Affirmed.



Jason
Ryan Thomas entered a negotiated guilty plea to href="http://www.mcmillanlaw.com/">attempted burglary (Pen. Code,
§§ 664, 459)href="#_ftn1" name="_ftnref1"
title="">[1] and href="http://www.fearnotlaw.com/">false personation (§ 529, subd.
(a)(3)), and admitted a prior strike conviction allegation (§ 667, subds.
(b)-(i)). The court sentenced him to the
agreed lower term of 12 months, doubled, for the attempted burglary conviction
and a consecutive one-third of the midterm of eight months, doubled, for the
false personation conviction resulting in a total prison term of three years
four months to run concurrently with a sentence on another matter. His request for a certificate of probable
cause was granted but his Marsdenhref="#_ftn2" name="_ftnref2" title="">[2] motion was denied. Thomas appeals. We affirm the judgment.

FACTS

Thomas
admitted he attempted to pry open the window of a residential apartment and,
when apprehended, identified himself to the authorities as his twin brother.

DISCUSSION

Appointed
appellate counsel has filed a brief summarizing the facts and proceedings
below. Counsel presents no argument for
reversal, but asks this court to review the record for error as mandated by >People
v. Wende (1979) 25 Cal.3d 436 and Anders
v. California (1967) 386 U.S. 738.
Counsel mentions as a possible, but not arguable, issue: whether
Thomas's Marsden motion to relieve
appointed counsel was properly denied.

We
granted Thomas permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to >People v. Wende, supra, 25 Cal.3d 436
and Anders v. California, supra, 386
U.S. 738 has disclosed no reasonably arguable appellate issues. The record contains no evidence of an
irremediable conflict between him and his trial counsel or that his trial
counsel performed below acceptable standards of representation on his
behalf. Thomas has been competently
represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.





McDONALD, J.



WE CONCUR:





HALLER, Acting P. J.





McINTYRE, J.