P. v. Babin CA2/4

Filed 8/1/13 P. v. Babin CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B245510

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA093282) v.

JOSEPH BABIN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Arthur Jean, Jr., Judge. Affirmed. California Appellate Project, Jonathan B. Steiner, Executive Director and James A. Uyeda, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

Appellant Joseph Babin was convicted of receiving stolen property. His court-appointed counsel has filed an opening brief raising no issues. Following our independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we conclude that no arguable issues exist, and affirm.

RELEVANT PROCEDURAL BACKGROUND On November 28, 2012, an amended information was filed, charging appellant in count one with first degree burglary (Pen. Code, § 459) and in count two with receiving stolen property (Pen. Code, § 496, subd. (a)).1 Accompanying each count were allegations that appellant had suffered four felony convictions for purposes of section 667.5, subdivision (b), and six felony convictions for purposes of section 1203, subdivision (e)(4). At the prosecutor’s request, count 1 was dismissed. Appellant pleaded not guilty to count 2 and denied the special allegations. On November 30, 2012, a jury found appellant guilty of receiving stolen property. After finding the special allegations to be true, the trial court sentenced appellant to a total term of four years in county jail, comprising the two-year middle term for receiving stolen property and two one-year enhancements for prior prison terms (§ 667.5, subd. (b)). This appeal followed.