People v. Kimbrough CA4/2 ( 2014 )


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  • Filed 5/30/14 P. v. Kimbrough CA4/2
    NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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
    FOURTH APPELLATE DISTRICT
    DIVISION TWO
    THE PEOPLE,
    Plaintiff and Respondent,                                       E060389
    v.                                                                       (Super.Ct.No. FBA1300092)
    CURTIS LAMAR KIMBROUGH,                                                  OPINION
    Defendant and Appellant.
    APPEAL from the Superior Court of San Bernardino County. John P. Vander
    Feer, Judge. Affirmed.
    Cindi B. Mishkin, under appointment by the Court of Appeal, for Defendant and
    Appellant.
    No appearance for Plaintiff and Respondent.
    The trial court ordered defendant to serve the remaining term of his two-year
    county prison sentence for forgery after he admitted to violating his mandatory
    supervision by committing a new crime. He challenges this order, but we affirm it.
    1
    PROCEDURAL BACKGROUND
    On June 14, 2013, defendant pled guilty to forgery (Pen. Code § 470, subd. (a)) in
    exchange for an agreed-to two-year county prison split sentence. The trial court ordered
    defendant to serve an initial term of 120 days (60 days actual and 60 days conduct credit),
    with 20 months suspended, followed by release on mandatory supervision.
    On December 9, 2013, defendant admitted that he violated the terms of his
    mandatory supervision by possessing or receiving stolen property. In exchange, the court
    ordered him to serve the remainder of the two-year county prison sentence and dismissed
    his new stolen property case, FVI1303835. Defendant appealed.
    DISCUSSION
    We appointed counsel to represent defendant on appeal. After examination of the
    record, counsel has filed a brief under the authority of People v. Wende (1979) 
    25 Cal. 3d 436
    and Anders v. California (1967) 
    386 U.S. 738
    , setting forth a statement of the case, a
    summary of the facts and potential arguable issues, and requesting this court conduct an
    independent review of the record. We offered defendant an opportunity to file a personal
    supplemental brief, but he has not done so.
    Pursuant to the mandate of People v. Kelly (2006) 
    40 Cal. 4th 106
    , we have
    independently reviewed the record for potential error and find no arguable issues.
    DISPOSITION
    The judgment is affirmed.
    NOT TO BE PUBLISHED IN OFFICIAL REPORTS
    2
    RAMIREZ
    P. J.
    We concur:
    HOLLENHORST
    J.
    RICHLI
    J.
    3
    

Document Info

Docket Number: E060389

Filed Date: 5/30/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014