P. v. Koski

 

 

 

 

 

 

 

Filed 8/14/13  P. v.
Koski 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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.   STEVEN ALLEN KOSKI,               Defendant and Appellant.

D062385         (Super. Ct. No. SCD240440)

 

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

            Cynthia
M. Jones, under appointment by the Court of Appeal, for Defendant and
Appellant.

            No
appearance for Plaintiff and Respondent.

 

            Steven Allen
Koski was charged with one count of grand theft of personal property and ten
counts of burglary.  Koski pleaded guilty to grand theft and the
remaining burglary charges were dismissed. 
The plea agreement specified that any time served would be concurrent
with a separate case against Koski and that the sentence would "stipulate
to 3 years local prison."  Koski
moved for an alternative or "split" sentence under the Criminal
Justice Realignment Act of 2011.  (Stats.
2011, 1st Ex. Sess. 2011–2012, ch. 15, § 1.) 
After reviewing the change of plea form, the trial court denied the
motion finding the parties had stipulated to a three-year prison
commitment.  It noted, however, that even
if it had the discretion to impose a split sentence, it would decline to do so
because Koski's criminal history revealed he was not an appropriate candidate
for probation monitoring.  Specifically,
the court noted that the matter involved two separate cases, Koski had been to
prison at least once before and the cases involved great monetary loss to the victims.

            The court
sentenced Koski to three years in county jail, concurrent with his other
case.  The trial court imposed several
fines and fees and gave Koski credit for time served.

DISCUSSION

            Appointed
appellate counsel has filed a brief summarizing the facts and proceedings
below.  She presented no argument for
reversal, but asked this court to review the record for error as mandated by >People
v. Wende (1979) 25 Cal.3d 436 (Wende).  Under Anders
v. California (1967) 386 U.S. 738 (>Anders), she listed as a possible but
not arguable issue, whether the trial court had the discretion to order a split
sentence.  Assuming the court had this
discretion, she contends the court abused its discretion by failing to order a
split sentence.  We granted Koski
permission to file a brief on his own behalf. 
He has not responded.

            Our
review of the record pursuant to Wende,
including the possible issues listed by counsel pursuant to >Anders, has disclosed no reasonably href="http://www.fearnotlaw.com/">arguable issues on appeal.  Competent counsel has represented Koski on
this appeal.

DISPOSITION

            The judgment is affirmed.

 

 

                                                                                                                        McINTYRE, J.

 

WE CONCUR:

 

BENKE, Acting P. J.

 

IRION, J.