P. v. Newberry
A jury convicted defendant Terry Lee Newberry of two counts of commercial burglary (Pen. Code, 459, 460, subd. (b))[1], one count of forgery ( 470, subd. (d)), and one count of grand theft ( 487, subd. (a)), all related to the use of a single counterfeit check. The court sentenced defendant to a state prison term of two years as follows: The middle term of two years on count 1 (burglary); the middle term of two years on count 3 (grand theft), to be served concurrently to the sentence on count 1; the middle term of two years on each of counts 2 (forgery) and 5 (burglary), with execution of both sentences stayed pursuant to section 654. Defendant was also ordered to pay restitution to the victim in the amount of $45,890.
Court appointed counsel to represent defendant on appeal. Counsel filed a brief which set forth the facts of the case. Counsel did not argue against his client, but advised the court no issues were found to argue on defendants behalf. Counsel requested we conduct an independent review of the entire record. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was given 30 days to file written argument in his own behalf. That period has passed, and we have received no communication from defendant. We have reviewed the entire record and considered the potential issues tendered by counsel pursuant to Anders v. California (1967) 386 U.S. 738, and have not found an arguable issue. The judgment is affirmed.
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