Opinion
B230091
10-26-2011
THE PEOPLE, Plaintiff and Respondent, v. REY DANIEL HERNANDEZ, Defendant and Appellant.
Shona L. Armstrong, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. TA113402)
APPEAL from a judgment of the Superior Court of Los Angeles County, David Sotelo, Judge. Affirmed.
Shona L. Armstrong, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Rey Daniel Hernandez appeals from a judgment of conviction for residential burglary. On July 24, 2010, appellant was detained by police officers after he exited an apartment through a broken window, ignored a police instruction to stop, and jumped over two six-foot walls. A next-door neighbor had called the officers after hearing someone breaking glass and seeing the silhouette of a person ransacking the apartment. When appellant was detained, two items stolen from the apartment were found on his person. The arresting officer noticed that appellant smelled of alcohol and his speech was slurred, but had no physical impairment such as a problem with his gait or balance. At trial, appellant's defense was that he was so drunk he could not remember entering the apartment or running from the police.
A jury found appellant guilty of first degree residential burglary, and he was sentenced to four years in state prison. After appellant filed a timely notice of appeal, this court appointed counsel to represent him. On April 28, 2011, appointed counsel filed a motion to correct presentencing credits with the trial court. The court granted this motion on June 1, 2011.
On July 1, 2011, appointed counsel filed an appellate brief raising no issues, but asking this court to independently review the record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441-442. (See Smith v. Robbins (2000) 528 U.S. 259, 264.) On July 1, 2011, we advised appellant he had 30 days within which to submit by brief or letter any contentions or argument he wished this court to consider. No response was received.
This court has examined the entire record in accordance with People v. Wende, supra, 25 Cal.3d at pages 441-442. We agree with counsel that no arguable issue exists on appeal. Accordingly, we affirm the judgment of conviction.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.
MANELLA, J. We concur: WILLHITE, Acting P. J. SUZUKAWA, J.