P. v. Sypho CA4/1

Filed 7/24/13 P. v. Sypho CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063235

Plaintiff and Respondent,

v. (Super. Ct. No. SCD240712)

KEVIN SYPHO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Charles R.

Gill and Michael T. Smyth, Judges. Affirmed.

Sarah Kleven McGann, by appointment of the Court of Appeal, for Defendant and

Appellant.

No appearance for Respondent.

Kevin Sypho pled guilty to burglary in violation of Penal Code Section 459 and

admitted he was convicted in 1982 of robbery, a strike prior in violation of Penal Code

Sections 211, 667(b) through (i), 1170.12 and 668. The remaining charges and six prison

priors were dismissed in return for a stipulated prison sentence of four years. The court

sentenced appellant to four years in state prison, awarded 68 days of custody credits and

imposed the requisite fees, fines and victim restitution.