P. v. Graham
Filed 8/6/13 P. v. Graham CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff
and Respondent,
v.
GEORGE WILLIAM GRAHAM,
Defendant
and Appellant.
E058069
(Super.Ct.No. FMB1300029)
OPINION
APPEAL
from the Superior Court of
County. Rodney A. Cortez,
Judge. Affirmed.
Theresa
Osterman Stevenson, under appointment by the Court of Appeal, for Defendant and
Appellant.
No
appearance for Plaintiff and Respondent
Defendant
George William Graham is serving two years and eight months in prison after
pleading guilty to second degree
commercial burglary. (Pen. Code, §
459.) We affirm the conviction.
and Procedure
After
being arrested for breaking into a restaurant and stealing a laptop computer,
defendant admitted to having, on January 15, 2013, broken into a nearby
insurance office by throwing a rock into a rear window and then climbing
in. Defendant searched through the
drawers of all the desks and took approximately $800 in cash before leaving
through the broken rear window.
On
January 18, 2013, the People filed a felony complaint charging defendant with
second degree commercial burglary and alleging that he had a prior strike
conviction (Pen. Code, §§ 1170.12, subds. (a)-(d) & 667, subds. (b)-(i).)
On
January 29, 2013, defendant pled guilty to the charge and admitted the strike
prior. Defendant agreed that the police
report would serve as the factual basis for the plea and that he would be
sentenced immediately. The trial court
sentence defendant to the agreed-upon low term of 16 months, doubled to two
years and eight months for the strike prior.
On
February 8, 2013, defendant appeared in court, intending to move to withdraw
his plea. However, as defense counsel
acknowledged and the trial court agreed, the time for making such a motion had
already passed. (Pen. Code § 1018.) Defense counsel stated “But he has other
avenues and one of them is motion to vacate†and asked the court to appoint
counsel to advise defendant as to these other avenues. The trial court denied that request.
Defendant
appealed and asked for a certificate of
probable cause, stating that his “attorney coerced defendant into entering
his plea.†The trial court denied the
certificate of probable cause. Defendant
filed an amended notice of appeal
stating that his appeal is based upon the sentence or other matters that
occurred after his plea and does not affect the plea’s validity.
Upon
defendant’s request, this court appointed counsel
to represent him. Counsel has filed
a brief under the authority of People v.
Wende (1979) 25 Cal.3d 436 and Anders
v. California (1967) 386 U.S. 738, setting forth a statement of the case, a
summary of the facts, and potential arguable issues and requesting this court
to conduct an independent review of the record.
We
offered defendant an opportunity to file a personal
supplemental brief, but he has not done so.
Pursuant to the mandate of People
v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record
for potential error and find no arguable issues.
The
conviction is affirmed.
NOT
TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
KING
J.
CODRINGTON
J.
