Filed 5/17/13 P. v. Moore CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D062068
Plaintiff and Respondent,
v. (Super. Ct. No. SCD237133)
GREGORY EUGENE MOORE,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Dwayne
K. Moring, Judge. Affirmed.
Neil Auwarter, under appointment by the Court of Appeal, for Defendant and
Appellant.
Kamala Harris, Attorney General for Plaintiff and Respondent.
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 5
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: (1) Moore's custody credits were correctly calculated under section 4019; (2)
the consecutive terms for counts 1 and 4 violated section 654, assuming the claim is
cognizable in the absence of a certificate of probable cause; (3) his trial attorney provided
ineffective assistance; and (4) he was properly ordered to pay restitution to the victim
affected by an underlying count although that count was dismissed.
1 All further statutory references are to the Penal Code.
2
We granted Moore permission to file a brief on his own behalf. He has not
responded. Our review of the entire record pursuant to People v. Wende, supra, 25
Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues
referred to by appellate counsel and the circumstances surrounding the court's taking of
the plea, has disclosed no reasonably arguable appellate issues. Competent counsel has
represented Moore on this appeal.
DISPOSITION
The judgment is affirmed.
O'ROURKE, J.
WE CONCUR:
HALLER, Acting P. J.
McDONALD, J.
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