P. v. LaBouve
Defendant Robert William LaBouve appeals from a judgment entered after pleading guilty to one felony count of grand theft (Pen. Code, 487, count 1), one felony count of petty theft with a prior conviction ( 666, count 2) and one count of commercial burglary ( 459, count 3). After initially pleading not guilty to the charges, LaBouve subsequently accepted a plea bargain in which he agreed to, in exchange for a maximum sentence of 32 months, plead guilty to all three counts, as well as admit the special allegations that he had one prior felony strike conviction and three prison priors. ( 667, subds. (b)(i), 1170.12, 667.5 subd. (b).) At sentencing, the trial court denied LaBouves Romero[2] motion and sentenced him to a term of 32 months in prison on count 1 to run concurrently with a 32 month sentence on count 3. Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, Court have reviewed the whole record and have concluded there is no arguable issue on appeal. Court affirm the judgment, but note that LaBouve may proceed by way of petition for writ of habeas corpus on his claims.
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