Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of San Diego County No. SCN214012, William D. Mudd, Judge. Affirmed.
McINTYRE, J.
A jury convicted James Gary Grisham of residential burglary (Pen. Code, §§ 459/460). The trial court sentenced Grisham to the middle term of four years in prison.
FACTS
On July 1, 2006, Anthony Duncan and Deatrice Burton left their Oceanside apartment to take out the trash. Burton left the door to the apartment unlocked and slightly ajar. Her purse was on a stool next to the door. While the couple were near the dumpster they observed Grisham leaving the apartment. Grisham was holding Burton's purse. Duncan ran toward Grisham and yelled: "Hey man, what are you doing?"
Grisham ran down the street and Duncan pursued him. The pair passed by the apartment window of Jessie Saylor who became curious about what was happening. When Grisham tripped, Duncan was able to catch up with him. Duncan demanded that Grisham give him the purse. Grisham complied when Duncan repeated his demand. Both Duncan and Saylor smelled alcohol on Grisham's breath.
Duncan and Saylor watched Grisham walk away toward a cemetery. Saylor returned to his apartment and called 911. When police arrived, Saylor described Grisham and told the police that Grisham had gone into the cemetery.
Police found Grisham, who matched Saylor's description, standing outside the cemetery fence. The officers could smell alcohol on Grisham's breath. Duncan and Saylor identified Grisham at the cemetery and in court.
At trial, Grisham denied entering Duncan's and Burton's apartment and taking Burton's purse. On the night of his arrest, Grisham consumed about a half-pint of gin at his campsite just outside the cemetery fence.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether the trial court abused its discretion by sentencing Grisham to the middle term rather than the lower term for residential burglary; and (2) whether the court abused its discretion by not referring Grisham to the California Rehabilitation Center for an evaluation.
We granted Grisham permission to file a brief on his own behalf. He has responded by noting the following "information:" (1) police did not conduct blood or urine alcohol testing; (2) no fingerprints were taken from Duncan's and Burton's apartment or Burton's purse; (3) police did not file possession charges against him; and (4) DNA testing results are available at the prison in which he is incarcerated. None of these points raises a viable appellate issue. Grisham was not charged with alcohol-related crimes, and substantial evidence supported the residential burglary conviction.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonably arguable appellate issues. Grisham has been competently represented on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: NARES, Acting P. J., O'ROURKE, J.