People v. Kane CA4/1

Filed 6/9/16 P. v. Kane CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D068888

Plaintiff and Respondent,

v. (Super. Ct. No. SCN342043)

JEFFREY ELIAS KANE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Michael J.

Popkins, Judge. Affirmed.

Boyce & Schaefer and Benjamin Kington, under appointment by the Court of

Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Counsel for defendant Jeffrey Elias Kane has filed a brief asking this court to

independently review the record for error as mandated by People v. Wende (1979) 25

Cal.3d 436 (Wende). We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In February 2015 Kane was charged in a criminal complaint with one count of

robbery (Pen. Code,1 § 211). The complaint also alleged Kane had served five prior

prison terms (§ 667.5, subd. (b)) and had suffered a prior strike conviction within the