P. v. Sypho CA4/1 ( 2013 )

Filed 7/24/13 P. v. Sypho CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D063235
Plaintiff and Respondent,
v. (Super. Ct. No. SCD240712)
KEVIN SYPHO,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Charles R.
Gill and Michael T. Smyth, Judges. Affirmed.
Sarah Kleven McGann, by appointment of the Court of Appeal, for Defendant and
Appellant.
No appearance for Respondent.
Kevin Sypho pled guilty to burglary in violation of Penal Code Section 459 and
admitted he was convicted in 1982 of robbery, a strike prior in violation of Penal Code
Sections 211, 667(b) through (i), 1170.12 and 668. The remaining charges and six prison
priors were dismissed in return for a stipulated prison sentence of four years. The court
sentenced appellant to four years in state prison, awarded 68 days of custody credits and
imposed the requisite fees, fines and victim restitution.
STATEMENT OF FACTS
Sometime between January 2 and 3, 2012, defendant burglarized a church, using a
rock to gain entry into the administrative building. Once inside, he damaged doors and
windows, took property and ransacked the pastor's office. Blood found on window blinds
in the pastor's office matched appellant's DNA. Upon arrest, appellant admitted to
breaking into the church because he was "mad" at the congregation and the pastor and
state he had stolen the items to sell for food and drugs.
DISCUSSION
Appointed appellate counsel has filed a brief but asks this court to 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 as possible, but not arguable
issues: whether the trial court erred when it: (1) failed to strike appellant's 1982 strike
prior; (2) imposed a criminal justice administration fee and a Penal Code section 1202.5
fine without determining appellant's ability to pay; and (3) allowed the prosecution to
amend the information, over his objection, to add a grand theft charge (Pen. Code § 487,
2
subd. (a)).1
We granted Sypho permission to file a brief on his own behalf. He has not
responded.
A review of the 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, has disclosed no reasonably arguable appellate issue. Competent
counsel has represented Sypho on appeal.
DISPOSITION
The judgment is affirmed.
HALLER, J.
WE CONCUR:
BENKE, Acting P. J.
NARES, J.
1 Because the trial court denied Sypho's request for a certificate of probable cause,
the issues set forth by appellant counsel are not even "possible issues" in light of the
procedural posture of the case. (Pen. Code, § 1237.5; People v. Manriquez (1993) 18
Cal.App.4th 1167, 1170.)
3