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The People v. Harry Charles Aller

October 14, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
HARRY CHARLES ALLER, JR., DEFENDANT AND APPELLANT.



(Super. Ct. No. CM033046)

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

P. v. Aller

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appointed counsel for defendant Harry Charles Aller, Jr., has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We shall affirm the judgment.

BACKGROUND

In May 2010, defendant backed his car up to the outside battery cage at a Wal-Mart store and stole 35 used car batteries from a fenced-in area valued at over $340. He was charged with petty theft with a prior. (Pen. Code, § 666.) The complaint specified that defendant had two prior burglary convictions and a petty theft with a prior conviction.

The People extended a plea offer requiring defendant to admit the charged theft and three prior convictions in exchange for a probationary sentence. The offer was set to expire upon the start of the preliminary hearing. Ultimately, defendant accepted the offer, pled guilty to the petty theft, and admitted the prior theft convictions.

Defendant was sentenced in accordance with the plea and was granted three years of probation, with a condition of serving 120 days in jail. He was ordered to pay $2,207 in various fines and fees and probation supervision fees of $164 per month. Jurisdiction was reserved on direct victim restitution.

Defendant filed a request for certificate of probable cause, challenging the validity of his plea and claiming certain comments by defense counsel pressured him to accept the plea. The trial court denied the certificate. Defendant then sought a second certificate of probable cause, and attached an amended notice of appeal raising post-plea issues. The second certificate was granted.*fn1

Appointed counsel filed an opening brief setting forth the facts of the case and requesting that we review the record and determine whether there be any arguable issues on appeal. (People v. Wende, supra, 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.

Defendant filed a supplemental brief, claiming the trial court prejudicially erred in advising him there would be "no bargaining at a prehearing conference no matter what the evidence is" and that his attorney coerced his plea as well. Defendant has also moved to augment the ...


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