People v. Earp CA5

INTRODUCTION

Appellant Donny Yashawn Earp filed a petition pursuant to Penal Code1 section 1170.18 for the trial court to reclassify his felony conviction for second degree vehicular burglary to a misdemeanor. The court denied the petition. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On April 9, 2003, a felony complaint was filed in the Superior Court of Tulare County case No. TCF107671, charging appellant with count 1, attempted second degree burglary of a vehicle, an ice cream truck, the doors of said vehicle being locked, on March 24, 2003 (Pen. Code, §§ 664, 459); and count 2, burglary of a garage on August 14, 2002 (§ 459). He was also charged with second degree burglary of the following vehicles, all committed on March 17, 2003: count 3, a Dodge Dakota; count 4, a Nissan Maxima; count 5, a Ford Explorer; count 6, a Hyundai Elantra; count 7, a Buick Roadmaster; and count 8, a Jeep Cherokee. (CT 4-6) On June 24, 2003, appellant pleaded to count 1,…