P. v. Boyett
Filed 3/11/08 P. v. Boyett 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. DUKE BOYETT, Defendant and Appellant. | D051560 (Super. Ct. No. SCN230624) |
APPEAL from a judgment of the Superior Court of San Diego County, Aaron H. Katz, Judge. Affirmed.
Duke Boyett entered a negotiated guilty plea to burglary (Pen. Code, 459) and admitted he had a prior serious/violent felony or strike conviction (Pen. Code, 667, subds. (b)-(i)). The plea agreement called for a stipulated 32-month prison term and dismissal of superior court case number SCN188163. Boyett was sentenced to 32 months in prison as stipulated in the plea agreement.
On June 19, 2007, Boyett entered an electronics store with the intent to commit a theft.
Appointed appellate counsel has filed a brief setting forth the 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 a possible, but not arguable, issue: whether Boyett's prior conviction under section 245, subdivision (a)(1) qualified as a prior felony strike.
We granted Boyett 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 issue referred to by appellate counsel, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Boyett on this appeal.
DISPOSITION
The judgment is affirmed.
HUFFMAN, Acting P. J.
WE CONCUR:
McINTYRE, J.
O'ROURKE, J.
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