Shively

Filed 5/27/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082912

Plaintiff and Respondent,

v. (Super. Ct. No. SCD284726)

GREGORY JEROME SHIVELY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Daniel B. Goldstein, Judge. Reversing in part, otherwise affirming, and remanding with directions. Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Steve Oetting and Daniel J. Hilton, Deputy Attorneys General, for Plaintiff and Respondent. A jury convicted Gregory Jerome Shively of 57 counts of conspiracy, burglary, attempted burglary, and robbery and found true gang allegations as to some but not all the counts. The trial court sentenced Shively to an aggregate prison term of 45 years and eight months. Appointed appellate counsel filed a brief under People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738…