People v. Fitzgerald

Opinion

TURNER, P. J.

Defendant, Kevin Francis Fitzgerald, appeals from a judgment of conviction, after a guilty plea, of forcible anal and genital penetration with a foreign object. (Pen. Code, § 289, subd. (a).) He was sentenced to six years in state prison. We appointed counsel to represent defendant on appeal. Appointed counsel was unable to find any arguable contentions to raise on appeal and filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, 441 [158 Cal.Rptr. 839, 600 P.2d 1071]. However, the Attorney General argues that defendant received an excessive award of presentence…