People v. Craven CA3

Filed 10/8/13 P. v. Craven CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Amador) ----

THE PEOPLE, C072788

Plaintiff and Respondent, (Super. Ct. No. 12CR19761-01)

v.

DONALD ANTHONY CRAVEN,

Defendant and Appellant.

Following a plea of guilty to first degree burglary, the trial court sentenced defendant Donald Anthony Craven to a stipulated term of four years in state prison. Appointed counsel for defendant has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal.1 (People v. Wende (1979) 25 Cal.3d 436.) Having reviewed the record as required by Wende, we affirm the judgment.

1 Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.

1

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 BACKGROUND

Because this matter was resolved by plea, the facts are taken from the stipulated factual basis.

Defendant entered Sara Boehme’s vehicle and took her garage door opener. He used the opener to open the garage door of her home and then took items from it. The garage was attached to Boehme’s home and Boehme was in the home at the time.

A complaint charged defendant with first degree burglary with a person present, a serious and violent felony (Pen. Code, § 459),2 second degree burglary of a vehicle (§ 459), receiving stolen property (§ 496, subd. (a)), three counts of petty theft with three prior theft convictions (§ 666, subd. (a)), and possession of burglar’s tools (§ 466). The complaint also alleged defendant had served two prior prison terms (§ 667.5, subd. (b)). Defendant pleaded guilty to first degree burglary, admitting it was a serious and violent felony. Both the prosecutor and defense attorney also stipulated the burglary was a serious and violent felony. The trial court dismissed the remaining counts with a Harvey3 waiver applicable to restitution. The parties agreed to a stipulated prison term of four years.