P. v. Pinkins

 

 

 

 

 

 

 

 

 

 

 

 

 

Filed 11/15/13  P. v. Pinkins 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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.   ANTHONY LYNN PINKINS,               Defendant and Appellant.

D063151         (Super. Ct. No. SCD233159)

           

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

 

            Neil F.
Auwarter, under appointment by the Court of Appeal, for the Defendant and
Appellant. 

            Kamala D.
Harris, Attorney General, for the Plaintiff and Respondent. 

 

            Anthony Lynn Pinkins pleaded guilty to two counts of href="http://www.mcmillanlaw.com/">second degree burglary.  (Pen. Code,href="#_ftn1" name="_ftnref1" title="">[1] §
459.)  In exchange, the People dismissed
a charge of failure to appear after release on one's own recognizance.  (§ 1320, subd. (b).)  The court sentenced Pinkins to a stipulated
prison term of 16 months, to run consecutively to another prison term he> was serving.  The court ordered him to pay restitution
fines of $240 each under sections 1202.4, subdivision (b) and 1202.45.  Pinkins appeals.  We affirm.

            Appointed
counsel has filed a brief summarizing the facts and proceedings below.  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 possible but not arguable issues of
whether:  (1) the trial court erred in
stating that because he was already serving a consecutive strike sentence in a
prior case, he was entitled to only 20 percent credit for time served in prison
against the newly imposed nonstrike sentence; (2) the limitation on credit for
time served in prison was part of the plea bargain and, if so, whether estoppel
applies, and what effect the lack of a certificate of probable cause had; (3) whether
the court properly denied him dual credits for presentence custody under
section 4019 on grounds that during presentence custody he was also serving
prison time and receiving credits against that earlier case; (4) his guilty
plea was constitutionally invalid; (5) the court properly denied his motion
filed pursuant to People v. >Marsden (1970) 2 Cal.3d 118; and (6) the
court violated the federal Constitution's bar against href="http://www.fearnotlaw.com/">ex post facto punishment when it failed
to make a finding of his ability to pay the restitution fines under sections
1202.4, subdivision (b) and 1202.45. 

            We granted
Pinkins permission to file a brief on his own behalf.  He has not responded.  Our review of the entire 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 and the
circumstances surrounding the court's taking of the plea, has disclosed no
reasonably arguable appellate issues. 
Competent counsel has represented Pinkins on this appeal.

 

DISPOSITION

            The judgment is affirmed.

 

 

                                                           

O'ROURKE, Acting P. J.

 

WE CONCUR:

 

 

                                                           

                                         AARON,
J.

 

 

                                                           

                                            IRION,
J.