People v. King CA3

Filed 6/1/15 P. v. King CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C076193

Plaintiff and Respondent, (Super. Ct. No. 14F00092)

v.

KEVIN EUGENE KING,

Defendant and Appellant.

Appointed counsel for defendant Kevin Eugene King has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

1

I 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.) Defendant was charged by criminal complaint with possession of a controlled substance in violation of Health and Safety Code section 11377, subdivision (a) (count one), second degree burglary in violation of Penal Code section 459 (count two),1 and petty theft with priors in violation of section 666 (count three). With regard to count three, the complaint alleged four prior convictions for which defendant was imprisoned as a condition of probation. The complaint further alleged two prior serious felony convictions within the meaning of sections 667.5, subdivision (c) and 1192.7, subdivision (c). Defendant pleaded no contest to count three in exchange for a low-term sentence of 16 months in state prison. He also agreed to a Cruz waiver,2 allowing him to be released until sentencing subject to the conditions that he appear in court on February 6, 2014, for the sentencing hearing and be prepared to surrender, that he stay away from the Food Source store on Mack Road in Sacramento, and that he obey all laws. The trial court advised defendant, and defendant agreed, that he would not have the right to withdraw his plea under the Cruz waiver, and in the event he failed to abide by the conditions of the waiver, he would be subject to the maximum upper term of three years in state prison. The factual basis to substantiate the plea is as follows: On January 3, 2013, defendant stole food from the Food Source located on Mack Road in Sacramento. Defendant had previously been convicted of the following offenses,