People v. Devera CA4/1

Filed 2/17/21 P. v. Devera CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D077758

Plaintiff and Respondent,

v. (Super. Ct. No. SCD282665)

DENNIS AYSON DEVERA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Laura H. Parsky, Judge. Affirmed.

John E. Edwards, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

On July 30, 2019, the San Diego District Attorney filed a felony complaint against defendant Dennis Ayson Devera in connection with an incident occurring at a San Diego Home Depot store. The complaint charged

defendant with burglary of a commercial building (Pen. Code,1 § 459, count 1); conspiracy to commit a burglary or grand theft (§ 182, subd. (a)(1), count 2); and grand theft of personal property (§ 487, subd. (a), count 3). The complaint further alleged defendant had prison priors from 2016 (§§ 667.5, subd. (b) & 668). A jury returned guilty verdicts on counts 1 and 2, but deadlocked on count 3, leading the court to declare a mistrial on this count which was ultimately dismissed. The court sentenced defendant to the middle term of two years in state prison on count 1; and imposed but stayed a two-year sentence on count 2. (§ 654, subd. (a).) The court granted defendant credit for 147 days of local time served and 146 days (§ 4019), for a total of 293 days of presentence credit. The court imposed a restitution fine of $1,200 (§ 1202.4) and a matching suspended parole revocation fine (§ 1202.44); a $41 theft fine (§ 1202.5); an $80 operations assessment (§ 1465.8); a $154 criminal justice administration fee (Gov. Code, § 29550); and a $60 criminal conviction assessment (id., § 70373). The court found there was an insufficient showing of defendant’s inability to pay, declined to waive the fines, fees, and assessments, but stayed them until September 2021. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) setting forth a summary of the proceedings and facts with citations to the reporter’s and clerk’s transcripts but raises no specific