P.
P. v. Moore CA4/1
Opinion
Opinion
Rourke, J.
BACKGROUND AND DISCUSSION
Gregory Eugene Moore pleaded guilty to burglary (Pen. Code,1 § 459; count 1)
and receiving stolen property (§ 496, subd. (a); count 4.) In exchange, the People
dismissed counts 2 and 3 for grand theft of personal property (§ 487, subd. (a)), count
for receiving a stolen vehicle (§ 496, subd. (d)), and count 6 for burglary (§ 459). The
People also declined to amend the complaint to allege a charge of failure to appear.
During plea bargain, the court indicated a sentencing lid of four years eight months, but
left open the possibility of imposing a split sentence under section 1170, subdivision (h).
At sentencing, a different judge declined to impose a split sentence, and instead
sentenced Moore to four years eight months in county jail, and ordered him to pay certain
fines. Moore appeals. We affirm.
Appointed counsel has filed a brief summarizing the facts and proceedings below.
Counsel presents no argument for reversal but asks that this court 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 possible but not arguable issues of
whether:…