P.

P. v. Sypho CA4/1

Good Law
Court of Appeal of CaliforniaJuly 24, 2013D063235California254 words

Opinion

Opinion

Haller, J.

STATEMENT OF FACTS

Sometime between January 2 and 3, 2012, defendant burglarized a church, using a

rock to gain entry into the administrative building. Once inside, he damaged doors and

windows, took property and ransacked the pastor's office. Blood found on window blinds

in the pastor's office matched appellant's DNA. Upon arrest, appellant admitted to

breaking into the church because he was "mad" at the congregation and the pastor and

state he had stolen the items to sell for food and drugs.

DISCUSSION

Appointed appellate counsel has filed a brief but asks this court to review the

record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to

Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable

issues: whether the trial court erred when it: (1) failed to strike appellant's 1982 strike

prior; (2) imposed a criminal justice administration fee and a Penal Code section 1202.

fine without determining appellant's ability to pay; and (3) allowed the prosecution to

amend the information, over his objection, to add a grand theft charge (Pen. Code § 487,

2 subd. (a)).

We granted Sypho…

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