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P. v. Thomas

P. v. Thomas
03:13:2008



P. v. Thomas



Filed 2/27/08 P. v. Thomas CA4/1



NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



COURT OF APPEAL, FOURTH APPELLATE DISTRICT



DIVISION ONE



STATE OF CALIFORNIA



THE PEOPLE,



Plaintiff and Respondent,



v.



BRIAN THOMAS,



Defendant and Appellant.



D051406



(Super. Ct. No. SCS211753)



APPEAL from a judgment of the Superior Court of San Diego County, Edward P. Allard III, Judge. Affirmed.



Brian Thomas entered a negotiated guilty plea to grand theft from a person (Pen. Code,[1] 487, subd. (c)) and admitted he had served a prior prison term ( 667.5, subd. (b)) and had a prior serious/violent felony or strike conviction ( 667, subds. (b)-(i)). The trial court sentenced Thomas to a five-year prison term as stipulated in the plea agreement.



Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether Thomas was properly advised of his constitutional rights and the consequences of pleading guilty; (2) whether Thomas voluntarily waived his rights before pleading guilty; and (3) whether the sentence was authorized.



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, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Thomas on this appeal.



DISPOSITION



The judgment is affirmed.





McCONNELL, P. J.



WE CONCUR:





NARES, J.





AARON, J.



Publication Courtesy of California lawyer directory.



Analysis and review provided by Escondido Property line attorney.



San Diego Case Information provided by www.fearnotlaw.com







[1] Statutory references are to the Penal Code.





Description Brian Thomas entered a negotiated guilty plea to grand theft from a person (Pen. Code,[1] 487, subd. (c)) and admitted he had served a prior prison term ( 667.5, subd. (b)) and had a prior serious/violent felony or strike conviction ( 667, subds. (b)-(i)). The trial court sentenced Thomas to a five year prison term as stipulated in the plea agreement. The judgment is affirmed.


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