People v. Rhoades CA4/3

Filed 6/30/15 P. v. Rhoades 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G050984

v. (Super. Ct. No. 14NF3449)

JEFFERY CURTIS RHOADES, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Roger B. Robbins, Judge. Affirmed. Thomas K. Macomber, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant Jeffery Curtis Rhoades pled guilty to theft with three prior convictions, and admitted allegations of multiple prior convictions and an out-on-bail sentencing enhancement. Defendant appeals. We appointed counsel to represent defendant on appeal. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders), setting forth the facts of the case, raising no issues, and requesting that we independently review the entire record. We provided defendant 30 days to file written argument on his own behalf. The time for filing a supplemental brief has passed, and no written argument has been filed by defendant. We have examined the entire record and appointed appellate counsel’s Wende/Anders brief; we find no reasonably arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm.

BACKGROUND Defendant was charged in a felony complaint with one count of theft with three prior convictions. (Pen. Code, §§ 484, subd. (a), 666, subd. (a).) The felony complaint also included a sentencing enhancement for defendant having committed the crime while out on bail on another crime (Pen. Code, § 12022.1, subd. (b)), and allegations of six prior prison term convictions pursuant to Penal Code section 667.5, subdivision (b), and one prior conviction pursuant to Penal Code sections 667, subdivisions (d) and (e)(1), and 1170.12, subdivisions (b) and (c)(1). Defendant pled guilty, admitted the sentencing enhancement, and admitted all priors. Defendant’s written allocution reads as follows: “In Orange County, California, on 7/12/2014, I did unlawfully steal/take away the personal property of Home Depot, with the intent to deprive Home Depot of possession & ownership and I had been convicted of theft related crime for which I was sentenced to serve time at a penal institute in the following cases: on 12/30/1998 in Riverside County, CA in