People v. Alford CA4/2 ( 2014 )

Filed 6/18/14 P. v. Alford 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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, E060237
v. (Super.Ct.No. RIF1312563)
KENNETH DWAYNE ALFORD, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge.
Affirmed.
Neil Auwarter, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
Pursuant to a negotiated plea agreement, defendant and appellant Kenneth
Dwayne Alford pled guilty to grand theft of access card information (Pen. Code, § 484e,
1
subd. (d))1 and admitted that he had suffered a prior strike conviction (§§ 667, subds. (c)
& (e)(1), 1170.12, subd. (c)(1)). In return, the remaining allegations were dismissed and
defendant was sentenced to a stipulated term of 32 months in state prison with credit for
time served. Defendant appeals from the judgment, challenging the sentence or other
matters occurring after the plea. We find no error and affirm.
I
FACTUAL AND PROCEDURAL BACKGROUND
On October 30, 2013, defendant had credit cards or other types of access cards
belonging to another person, and wanted to use those cards for his benefit.
On November 1, 2013, a complaint was filed charging defendant with felony
unlawfully acquiring and retaining access card account information belonging to another
person with the intent to fraudulently use them (§ 484e, subd. (d); count 1); misdemeanor
being under the influence of a controlled substance (Health & Saf. Code, § 11550;
count 2); and misdemeanor possession of drug paraphernalia (Health & Saf. Code,
§ 11364.1; count 3). The complaint further alleged that defendant had sustained two
prior prison terms (§ 667.5, subd. (b)) and one prior strike conviction (§§ 667, subds. (c)
& (e)(1), 1170.12, subd. (c)(1)). The complaint further alleged that defendant had
violated the terms and conditions of his probation in case No. SWM1301772.
On November 15, 2013, pursuant to a negotiated plea agreement, defendant pled
guilty to count 1 and admitted the prior strike allegation. In return, the remaining charges
1 All future statutory references are to the Penal Code unless otherwise stated.
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and enhancement allegations would be dismissed and defendant would be sentenced to a
stipulated term of 32 months in state prison with credit for time served. After examining
defendant, the trial court found that defendant knowingly and intelligently waived his
rights; that defendant understood the nature of the charges and the consequences of the
plea; and that there was a factual basis for his plea. Defendant was thereafter
immediately sentenced in accordance with his plea agreement and awarded a total of
33 days of credit for time served.
On December 6, 2013, defendant filed a notice of appeal, challenging the sentence
or other matters occurring after the plea.
II
DISCUSSION
After defendant appealed, upon his request, this court appointed counsel to
represent him. 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 to
conduct an independent review of the record.
We offered defendant an opportunity to file a personal supplemental brief, and he
has not done so.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal. 4th 106, we have
independently reviewed the entire record for potential error and find no arguable error
that would result in a disposition more favorable to defendant.
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III
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
RICHLI
J.
MILLER
J.
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