Opinion
2d Crim. No. B301625
02-18-2020
THE PEOPLE, Plaintiff and Respondent, v. JEREMIAH MICHAEL CURTIN, Defendant and Appellant.
Richard B. Lennon, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. 2018010196)
(Ventura County)
Appellant Jeremiah Michael Curtin was charged with two counts of vandalism (Pen. Code, § 594, subd. (b)(1)), two counts of disobeying a court order (§ 166, subd. (a)(4)), and one count of petty theft (§ 484, subd. (a)). He waived his trial rights and pled guilty to one count each of vandalism and disobeying a court order.
All statutory references are to the Penal Code.
The trial court suspended imposition of sentence and placed appellant on formal probation subject to various terms and conditions, including payment of $2,597 in restitution to one victim and $246.75 to another. The court also ordered him to serve 180 days in jail, which was deemed served.
The trial court imposed a monthly formal probation fee of $55 and a $35 administration fee, but found appellant had no present ability to pay the Public Defender fee or probation investigation fee. It stayed a $450 State Restitution Fund fee and a $503.87 Criminal Justice Administration fee pursuant to People v. Dueñas (2019) 30 Cal.App.5th 1157.
Appellant filed a notice of appeal from the sentence. He also requested a certificate of probable cause to appeal the plea based on claims of ineffective assistance of counsel, insufficient evidence, prosecutorial misconduct and denial of counsel. The trial court denied the request. The appeal lies to challenge any aspect of the sentence that would not affect the validity of the plea. (§ 1237.5; Cal. Rules of Ct., rule 8.394(b).)
We appointed counsel to represent appellant in this appeal. After an examination of the record, counsel filed an opening brief requesting that the court make an independent review under People v. Wende (1979) 25 Cal.3d 436.
We subsequently advised appellant he had 30 days within which to personally submit any contentions or issues that he wished us to consider. The 30 days have since passed, and appellant has not presented any contentions or issues for our consideration.
Diana Rago, president of the Pacific Point Homeowner's Association (HOA), and appellant resided at the same apartment complex. After numerous incidents with appellant, Rago obtained a civil harassment restraining order against him.
In 2018, appellant spray painted various security cameras around the apartment complex and twice violated the restraining order by coming within 20 feet of Rago's apartment. He also vandalized Rago's personal Ring security camera. The insurance company did not cover the damage to the HOA's security equipment or Rago's personal property. She requested $2,597 in restitution on the HOA's behalf and $246.75 for the loss of her camera.
In the absence of a trial, we derived the facts from the probation report and preliminary hearing transcript. --------
We have reviewed the entire record and are satisfied that appellant's counsel has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende, supra, 25 Cal.3d at p. 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
PERREN, J. We concur:
YEGAN, Acting P. J.
TANGEMAN, J.
Bruce A. Young, Judge
Superior Court County of Ventura
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.