P. v. Piert
Filed 6/17/13 P. v. Piert CA3
NOT TO BE PUBLISHED
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opinion has not been certified for publication or ordered published for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
THIRD APPELLATE
DISTRICT
(Sacramento)
----
THE PEOPLE,
Plaintiff and Respondent,
v.
EUGENE ALEX PIERT,
Defendant and Appellant.
C071716
(Super. Ct. No. 10F05344)
Appointed
counsel for defendant Eugene Alex Piert has asked this court to review the
record to determine whether there exist any arguable
issues on appeal. (
436 (Wende).) We shall affirm the judgment.
BACKGROUND
On May 22, 2010, defendant broke into a
home and stole several firearms and personal property. Defendant’s fingerprint was found on the
kitchen window screen.
On July 21, 2010, defendant broke into a
different home and stole a handbag and several pieces of jewelry. Defendant gained entry by breaking a bedroom
window and his DNA was found in blood on a sheet in the bedroom.
Between January 15, 2011 and January 17, 2011, defendant broke
into yet another home and stole many items including computers, jewelry, cash,
credit cards, checkbooks, and bottles of alcohol. Defendant’s DNA was found in a piece of
chewing gum recovered from the home’s floor.
Defendant
entered a plea of no contest to three counts of
§ 459), admitted a strike prior [1989 first degree burglary] (Pen. Code,
§§ 667, subds. (b)-(i), 1170.12) and a prior felony conviction [same]
(Pen. Code, § 667, subd. (a)), and agreed to waive sufficient custody
credits at sentencing in order to reach a 23-year agreed-upon sentence, in
exchange for dismissal of a second strike prior.
The trial
court sentenced defendant to state prison
for an aggregate term of 22 years four months, that is, 12 years on count three
(the upper term of six years, doubled for the strike prior), 32 months on
counts one and two, each (consecutive one-third the midterm or 16 months,
doubled for the strike prior), and a consecutive five-year enhancement for the
prior felony. Defendant waived 160
actual days and the accompanying conduct credit to comply with the stipulated
sentence of 23 years.
The court awarded defendant 343 actual days and 170 conduct
days for a total of 513 days of presentence custody credit.
Defendant
appeals. He did not obtain a
Code, § 1237.5).
DISCUSSION
Counsel
filed an opening brief that sets
forth the facts of the case and requests this court to review the record and
determine whether there are any arguable issues on appeal. (Wende,
supra, 25 Cal.3d 436.) Defendant was
advised by counsel of the right to file a supplemental brief within 30 days of
the date of filing of the opening brief.
More than 30 days have elapsed, and we have received no communication
from defendant. Having undertaken an
examination of the entire record, we find no arguable error that would result
in a disposition more favorable to defendant.
The
judgment is affirmed.
DUARTE , J.
We concur:
MAURO , Acting P.
J.
MURRAY , J.
