Filed 1/17/20 P. v. Phillips CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Modoc)

—-

THE PEOPLE,

Plaintiff and Respondent,

v.

JAKE J. PHILLIPS,

Defendant and Appellant.

C087571

(Super. Ct. No. F17117)

Appointed counsel for defendant Jake J. Phillips filed an opening brief setting forth the facts of the case and asking this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After reviewing the entire record, we affirm the judgment.

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

FACTUAL AND PROCEDURAL BACKGROUND

Defendant broke into the pound to retrieve his dog, who was frequently impounded. He was charged with second degree burglary (Pen. Code, § 459/460, subd. (b)), misdemeanor vandalism (§ 594, subd. (b)(1)), and misdemeanor possession of controlled substance paraphernalia (Health & Saf. Code, § 11364, subd. (a)). It was further alleged that defendant suffered two prior serious or violent felony convictions within the meaning of sections 667, subdivisions (b)-(j) and 1170.12, subdivision (b), and five prior prison terms within the meaning of section 667.5, subdivision (b).

Following a trial, a jury found defendant guilty of second degree burglary and misdemeanor vandalism. In a bifurcated proceeding, the court found true that defendant had suffered two prior serious or violent felony convictions (§§ 667, subds. (b)-(j) & 1170.12, subd. (b)) and had served four prior prison terms (§ 667.5, subd. (b)). Defendant pleaded guilty to misdemeanor possession of controlled substance paraphernalia.

The court then sentenced defendant to the middle term of two years in state prison for the burglary, doubled to four years pursuant to sections 667, subdivision (d) and 1170.12, subdivision (b); a concurrent term of one year for the vandalism but stayed the sentence pursuant to section 654; and a concurrent term of six months for the possession of controlled substance paraphernalia. Pursuant to section 1385 the trial court struck the four section 667.5, subdivision (b) prison term enhancements.

The court imposed a restitution fine in the amount of $300 and imposed, but suspended, a parole revocation fine in an equal amount. The court ordered defendant to pay victim restitution to the City of Alturas in the amount of $958.41. The court further found a financial hardship as the basis for not imposing other standard fines.

DISCUSSION

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of his right to file a supplemental brief within 30 days from the date the opening brief was filed. More than 30 days have elapsed, and defendant has not filed a supplemental brief. Having undertaken an examination of the entire record pursuant to Wende, we find no arguable error that would result in a disposition more favorable to defendant. Accordingly, we affirm the judgment. However, we direct the trial court to amend the abstract of judgment to conform to the oral pronouncement of sentence as we have described above.

DISPOSITION

The judgment is affirmed. The trial court is directed to correct the abstract of judgment as described by this opinion, and to forward a certified copy of the corrected abstract to the Department of Corrections and Rehabilitation.

/s/

BLEASE, J.

We concur:

/s/

RAYE, P. J.

/s/

DUARTE, J.