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The People v. Shane Wesley Shannon

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta)


October 6, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
SHANE WESLEY SHANNON, DEFENDANT AND APPELLANT.

Super. Ct. Nos. 10F8216, 10F7720

The opinion of the court was delivered by: Hull , J.

P. v. Shannon 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Shane Wesley Shannon was arrested after he led police on a high speed chase and then fled on foot in an attempt to avoid being caught with items he recently stole from the victim's home. Less than a month later, defendant was arrested again after he attempted to burglarize another home.

Defendant was charged in case No. 10F7720 with second degree burglary (Pen. Code, § 459--count 1), receiving stolen property (Pen. Code, § 496, subd. (a)--count 2), and resisting an officer (Pen. Code, § 148, subd. (a)(1)--count 3). It was also alleged that defendant committed the alleged offenses while released on bail or his own recognizance in two other cases (Pen. Code, § 12022.1), and that he served a prior prison term (Pen. Code, § 667.5, subd. (b)).

Defendant was also charged in case No. 10F8216 with second degree burglary (Pen. Code, § 459--count 1). It was also alleged that defendant committed the offense while released on bail or his own recognizance in four other cases, one of them being case No. 10F7720 (Pen. Code, § 12022.1), and that he served a prior prison term (Pen. Code, § 667.5, subd. (b)).

Represented by two separate counsel, defendant entered a negotiated plea as follows: In case No. 10F8216, defendant pleaded guilty to the burglary charge and admitted the prior prison term enhancement and two of the four out on bail enhancements; in case No. 10F7720, defendant pleaded guilty to the burglary charge and admitted one out on bail enhancement; and in an already pending matter, case No. 10F4059, defendant pleaded guilty to possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)). Defendant entered his pleas in exchange for dismissal of all remaining charges and allegations in all three cases, dismissal of all charges and allegations in pending case Nos. 10F8086, 10F5910 and 10F3924, and a stipulated sentence of 11 years four months in state prison.

The court denied probation and sentenced defendant to the stipulated state prison sentence of 11 years four months, awarding him 190 days of presentence custody credit (95 actual custody credits plus 95 conduct credits). The court imposed a $2,200 restitution fine (Pen. Code, § 1202.4), a $2,200 parole revocation fine, stayed pending successful completion of parole (Pen. Code, § 1202.45), a $30 criminal conviction assessment for each of the three counts (Gov. Code, § 70373), a $40 court security fee for each of the three counts (Pen. Code, § 1465.8), a $38 crime prevention fines for each of the two burglary convictions (Pen. Code, §§ 1202.5, 1464, and 1465.7, and Gov. Code, §§ 76104.6, 76104.7, 70372, subd. (a)(1), and 76000, subd. (a)(1)), and a $190 criminal laboratory fee (Health & Saf. Code, § 11372.5, Pen. Code, §§ 1464, 1465.7, and Gov. Code, §§ 76104.6, 76104.7, 70372, subd. (a)(1), and 76000, subd. (a)(1)). Defendant filed timely notices of appeal in case Nos. 10F7720 and 10F8216.*fn1

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.

Having undertaken an examination of the entire record, we find no arguable error in favor of defendant.

DISPOSITION

The judgment is affirmed.

We concur: BLEASE , Acting P. J. DUARTE , J.


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