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The People v. Dwayne Russell Conyers

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA


December 2, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
DWAYNE RUSSELL CONYERS, DEFENDANT AND APPELLANT.

Super. Ct. No. SCD223859 APPEAL from a judgment of the Superior Court of San Diego County, Kathleen M. Lewis, Judge. Affirmed.

The opinion of the court was delivered by: McDONALD, Acting P. J.

P. v. Conyers

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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Dwayne Russell Conyers pleaded guilty to commercial burglary and admitted a 1994 strike prior. In exchange, the court dismissed the balance of the information - which included two strike priors - on the People's motion. Pursuant to the plea agreement, the court sentenced Conyers to the three-year upper term, doubled to six years for the single strike. It also imposed various fines and fees, and awarded Conyers 116 days of presentence credit.

Conyers appealed and the trial court granted his request for a certificate of probable cause. We affirm the judgment.

Appointed appellate counsel filed a brief summarizing the facts of the case and proceedings in the trial court. He noted that after sentencing, Conyers wrote four letters to the trial court asking to withdraw his guilty plea. Conyers stated in those letters that he was under the influence of several medications at the time he pleaded guilty and did not understand his rights.

Appellate counsel presented no argument for reversal, but asked this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436 (Wende). Pursuant to Anders v. California (1967) 386 U.S. 738, 744 (Anders), he listed three possible issues to assist the court in its independent review of the record: (1) whether the record affirmatively showed that Conyers's guilty plea was voluntary and intelligent under the totality of the circumstances; (2) whether the trial court properly sentenced Conyers to serve six years in prison; and (3) whether the trial court properly calculated Conyers's custody credits under Penal Code section 4019.

We granted Conyers permission to file a supplemental brief on his own behalf. Appellate counsel also advised Conyers that he could file a supplemental brief "raising any issues which he [chose] to call to the court's attention." Conyers did not respond.

Our review of the record pursuant to Wende, including the possible issues listed by counsel pursuant to Anders, has disclosed no reasonably arguable issues on appeal. We also conclude that Conyers has been adequately represented by counsel.

DISPOSITION

The judgment is affirmed.

McINTYRE, J.

WE CONCUR:

O'ROURKE, J.

20101202

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