P.

P. v. Moore CA4/1

Good Law
Court of Appeal of CaliforniaMay 17, 2013D062068California354 words

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:…

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