People v. Spratt CA4/3

Filed 3/20/14 P. v. Spratt CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048215

v. (Super. Ct. No. 11NF3590)

ROBERT JOHN SPRATT, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Gregg L. Prickett, Judge. Affirmed. Denise M. Rudasill, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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1. Introduction Robert John Spratt pleaded guilty to one count of first degree residential burglary (Pen. Code, §§ 459, 460, subd. (a)) and admitted a person who was not an accomplice was present in the residence during the burglary (id., § 667.5, subd. (c)(21)). The trial court sentenced Spratt to a term of 4 years in prison with a total of 310 days of presentence custody credit. Spratt timely appealed from the judgment. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), setting forth the facts of the case and requesting that we review the entire record. Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders), appointed counsel provided an issue to assist us in conducting our independent review. Spratt was granted 30 days to file written arguments in his own behalf, but did not file anything. We have examined the entire record and counsel’s Wende/Anders brief. After considering the entire record, we have found no reasonably arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm.