Opinion
2d Crim. No. B278771
11-06-2017
Jerome J. Haig, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. SA091602-01)
(Los Angeles County)
William Walt appeals a judgment following his conviction of residential burglary, with a finding that he suffered a prior serious felony conviction. (Pen. Code, §§ 459, 667, subd. (a)(1).)
All further statutory references are to the Penal Code unless stated otherwise. --------
At a jury trial, the prosecutor presented evidence that on October 12, 2015, bicycles and other items were taken from Lorin Michaels's garage on Gorham Avenue in Los Angeles. The garage was attached to Michaels's home and could be entered from the home or through an alley door. A neighbor's surveillance camera captured images of a person entering and leaving the garage many times that morning. One of the missing items was a custom hybrid bicycle. Several days later, Walt brought the custom bicycle to a nearby bicycle shop for modification. The bicycle mechanic selected Walt's photograph from a photographic lineup as the customer who requested the modification. Other items taken from Michaels's garage were not recovered.
The jury convicted Walt of first degree burglary and found that another person, not an accomplice, was present in the residence during commission of the burglary. (§ 459.) Separately, the trial court found that Walt suffered a prior serious felony and strike conviction, and served three prior prison terms. (§§ 667, subd. (a)(1), 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).)
The trial court struck the prior serious felony strike conviction and the prison terms served, and sentenced Walt to a prison term of seven years. The court also ordered victim restitution, imposed a $300 restitution fine, a $300 parole revocation restitution fine (suspended) a $40 court security assessment, and a $30 criminal conviction assessment, and awarded Walt 412 days of presentence custody credit. (§§ 1202.4, subd. (b), 1202.45, 1465.8, subd. (a); Gov. Code, § 70373.)
We appointed counsel to represent Walt in this appeal. After counsel's examination of the record, he filed an opening brief raising no issues.
On August 18, 2017, we advised Walt that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response.
We have reviewed the entire record and are satisfied that Walt's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
GILBERT, P. J. We concur:
YEGAN, J.
TANGEMAN, J.
Elden Fox, Judge
Superior Court County of Los Angeles
Jerome J. Haig, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.