People v. Simon

Full title: THE PEOPLE, Plaintiff and Respondent, v. MICHAEL CHARLES SIMON, Defendant…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

Date published: Aug 9, 2017

2d Crim. No. B281316 (Cal. Ct. App. Aug. 9, 2017)

Opinion

2d Crim. No. B281316

08-09-2017

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL CHARLES SIMON, Defendant and Appellant.

Richard B. Lennon, Staff Attorney, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

YEGAN, J.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 16F-04925)
(San Luis Obispo County)

Michael Charles Simon appeals the judgment entered after he pled no contest to second degree burglary (Pen. Code, § 459)¹ and admitted a prior strike conviction (§§ 667, subds. (d) - (e), 1170.12, subds. (b) -(c)) and four prior prison term enhancements (§ 667.5, subd. (b)). The preliminary hearing transcript reflects that appellant burglarized a hair salon and took the business owner's car keys and vehicle. Prior to sentencing, the trial court granted appellant's Faretta motion (Faretta v. California (1975) 422 U.S. 806) to represent himself and denied a motion to strike the prior strike conviction. The trial court sentenced appellant to five years state prison and ordered appellant to pay various fines and fees.

1 All statutory references are to the Penal Code. --------

We appointed counsel to represent appellant in this appeal. After examining the record, counsel filed an opening brief raising no issues. On June 22, 2017, we advised appellant that he had 30 days to personally submit any contentions he wished us to consider. We have received no response from appellant.

We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 126; People v. Wende (1979) 25 Cal.3d 436, 443.)

The judgment is affirmed.

NOT TO BE PUBLISHED.

YEGAN, J. We concur:

GILBERT, P. J.

PERREN, J.

John A. Trice, Judge

Superior Court County of San Luis Obispo

Richard B. Lennon, Staff Attorney, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Respondent.