People v. Earby CA6

Filed 7/21/14 P. v. Earby CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040349

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1353724)

v.

DARNELL JOSEPH EARBY,

Defendant and Appellant.

Defendant Darnell Joseph Earby appeals after pleading no contest to stalking with a prior felony stalking conviction (Pen. Code, § 646.9, subd. (c)(2)),1 admitting that he had three prior strikes (§§ 667, subds. (b)-(i), 1170.12), and admitting that he had served two prior prison terms (§ 667.5, subd. (b)). He was sentenced to five years in prison. On appeal, defendant’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 that states the case and facts, but raises no issue.…