Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Santa Clara County Super. Ct. Nos. CC757018, CC770159
Mihara, J.
Just after midnight on November 22, 2006, police officers stopped a car that had no license plates. When the officers made contact with defendant Salvador Garrido Fernandez, who was driving the car, they smelled marijuana and saw a marijuana pipe in plain view. Defendant admitted that the pipe was his and that it contained marijuana. The officers observed that defendant appeared to be under the influence of a controlled substance, and defendant told them he had smoked methamphetamine earlier and had some in his pocket. A plastic bag containing methamphetamine was found in his pocket. On his person, defendant was carrying counterfeit $100 bills, identification belonging to three other persons, and a credit card belonging to one of those persons.
On June 16, 2007, Kimberly Kim and her son arrived home shortly after 5:00 p.m. It was warm, so Kim opened the sliding glass door to her backyard. The screen door was closed. A little later, Kim heard voices in her backyard. She locked herself and her son into an upstairs bathroom and called the police. When the police arrived, they saw Jesus Parra Rosales climbing over the locked six-foot fence between the back and front yards of Kim’s residence. The police also saw defendant walking away from the area by the front door of Kim’s residence. The police detained both men.
Defendant and Rosales were strangers to Kim. A tool kit was found in Rosales’s pocket. A screwdriver was found on the ground in front of the residence’s gate. The rear sliding glass door of the residence was open. Two Marlboro cigarette butts were found in the backyard near the sliding glass door. Kim was an “anti-smoker[,]” and no one in her household smoked. A pack of Marlboro cigarettes was found in defendant’s pocket.
Defendant offered several contradictory explanations for his presence. First, he said that this was his aunt’s home, and he had been knocking on the door. Next, he claimed that he and Rosales had gone to the residence to see their friend Joel. After knocking on the door and ringing the doorbell, they jumped the fence and entered the house. They left the house after they heard voices inside. They jumped back over the fence and tried knocking on the front door again. It was at that point that the police arrived. Finally, defendant admitted that he and Rosales had burglarized Kim’s residence. In a tape-recorded statement to the police, he admitted that he and Rosales had entered Kim’s residence, and that he had intended to steal some jewelry so that he could sell it to obtain rent money. After he heard voices inside the residence, he and Rosales exited the residence.
Defendant was charged by information in case No. CC770159 with first degree burglary (Pen. Code, §§ 459, 460, subd. (a)). It was further alleged that the burglary was a violent felony because a non-accomplice had been present during the burglary (Pen. Code, § 667.5, subd. (c)(21)), that defendant was out of custody on bail when he committed the burglary (Pen. Code, § 12022.1), and that defendant had served a prison term for a prior felony conviction (Pen. Code, § 667.5, subd. (b)). The case was tried to a jury. Defendant presented no evidence at trial. The jury found defendant guilty of first degree burglary and found the violent felony allegation true. Defendant admitted the prison prior and the on-bail enhancement allegation.
Defendant was charged by information in case No. CC757018 with possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)), being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)), possession of an access card with fraudulent intent (Pen. Code, § 484e, subd. (c)), and misdemeanor receiving stolen property (Pen. Code, § 496, subd. (a)). The information further alleged that he had served a prison term for a prior felony conviction. Defendant entered unconditional no contest pleas to all of these counts and admitted the prison prior.
The two cases were sentenced together. In case No. CC770159, the court struck the on-bail enhancement, and imposed a two-year term for the burglary count and a one-year term for the prison prior. In case No. CC757018, the court struck the prison prior, and imposed an eight-month state prison term for the possession of a controlled substance count to run consecutive to the prison term imposed in case No. CC770159. Defendant filed timely notices of appeal in both cases.
Appointed appellate counsel has filed an opening brief which states the case and the facts, but raises no issues. Defendant was notified of his right to submit written argument on his own behalf, but has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgments are affirmed.
WE CONCUR: Bamattre-Manoukian, Acting P.J., McAdams, J.