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The People v. Cody Allen Ross

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


October 14, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
CODY ALLEN ROSS, DEFENDANT AND APPELLANT.

(Super. Ct. No. NCR80202)

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

P. v. Ross

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Cody Allen Ross 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 find no errors and no concerns regarding presentence credits. We shall affirm the judgment.

BACKGROUND

Defendant and three of his cohorts entered his grandfather's house and stole a semiautomatic handgun from the top drawer of his grandfather's dresser. They then broke into his uncle's house next door and stole rifles, shotguns, ammunition, laptops, jewelry, coins, a big-screen television, and two video gaming systems. Defendant took a two-gallon gas container from his uncle's shed, poured gas in several rooms, and set the house ablaze. The victims reported a total loss of $269,732.30.

Defendant was arrested and charged by information in case No. NCR80202 with aggravated arson (Pen. Code,*fn1 § 451.5, subd. (a) - count I), arson of an inhabited structure (§ 451, subd. (b) - count II), and first degree residential burglary (§ 459 - count III). The information also alleged that, as to counts I and II, defendant used an accelerant, an aggravating factor (§ 451.1, subd. (a)) and that defendant committed all counts while on bail or his own recognizance (§ 12022.1). The information also alleged that counts II and III were serious and violent felonies within the meaning of sections 1192.7, subdivision (c), and 667.5, subdivision (c). Defendant was also charged in case No. NCR79976 with receiving stolen property (§ 496, subd. (a)).

Represented by counsel, defendant pled guilty in case No. NCR80202 to counts II and III and admitted the on-bail enhancement in exchange for dismissal of the remaining charges and allegations in both cases and a stipulated sentence of seven years.

The court sentenced defendant to the stipulated term of seven years in state prison, awarding him 227 days of presentence custody credit (198 actual credits plus 29 conduct credits). The court imposed a $1,400 restitution fine (§ 1202.4, subd. (b)), a $1,400 parole revocation fine, stayed pending successful completion of parole (§ 1202.45), a $60 court security fee (§ 1465.8), and a $36 theft fine (§§ 1202.5, (subd. (a) and 1464, Gov. Code, §§ 70373, subd. (a), 70372, subd. (a), 76000, 76104.6, and 76104.7). The court ordered victim restitution in the amount of $269,732.30. Defendant filed a timely notice of appeal. The trial court granted his request for a certificate of probable cause.

DISCUSSION

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. (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. 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. HULL , J.


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