People v. Powers CA4/1

I. INTRODUCTION

Gregory Alexander Powers appeals from his arson conviction. His appointed appellate counsel filed a brief raising no arguable issues pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders); Powers did not file a supplemental brief on his own behalf. Our independent review confirms there are no arguable issues on appeal. We affirm.

II. FACTUAL AND PROCEDURAL BACKGROUND

After his arrest for starting a fire in the San Marcos Guitar Center’s rear loading dock, prosecutors charged Powers with arson of a structure,

(Pen. Code,1 § 451, subd. (c); count 1), and arson of property (§ 451, subd. (d); count 2). A jury convicted Powers of the lesser included offense of count 1— unlawfully causing a fire of a structure (§ 452, subd. (c)), and count 2. The trial court sentenced Powers to the middle term of two years on count 2 and stayed the sentence on count 1 pursuant to section 654. The trial court awarded Powers 201 days of presentence custody credits, representing 101 days spent in custody and 100 days of section 4019 conduct credits. Finding Powers lacked the financial ability to pay fines and fees, the court did…