Opinion
B233522
12-20-2011
Larry Pizarro, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. KA092793)
APPEAL from a judgment of the Superior Court of Los Angeles County, George Genesta, Judge. Affirmed.
Larry Pizarro, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
On December 10, 2010, Deputy Sheriff Adrienne Myers was summoned to the scene of a residential burglary in progress on Rosecrans Avenue in La Mirada. As Deputy Myers arrived she saw three men, one of whom was appellant, coming out of the residence. The men fled when they saw the deputy.
Appellant was arrested in a carport two blocks from the scene of the burglary. Deputy Myers arrived at the scene after appellant was taken into custody and identified him as one of the men she saw leaving the house. Jewelry taken from the house was recovered underneath a car in the carport, and other jewelry taken from the house was found in braids in appellant's hair. A gun had also been stolen from the residence. After his arrest, appellant helped the police find the gun in the neighborhood.
Appellant was charged by information with burglary and grand theft. (Pen. Code, §§ 459, 487(d)(2).) The theft charge was dismissed before trial. In 2008, appellant had been convicted of one count of first degree burglary (L.A.S.C. case no. TA095484-03). That prior conviction was alleged as both a strike and a serious felony conviction. (Pen. Code, §§ 1170.12(a)-(d); 667 (a).)
A jury found appellant guilty of burglary. Appellant waived jury on the priors, which the court found true. Appellant was sentenced to the midterm of four years, doubled because of the strike, plus five years for the serious felony prior, for a total term of 13 years. Various fines and fees were imposed, and appellant received credit for 179 days served and 26 days good/work time.
Appellant's conduct credits were later corrected, and he was awarded 88 days of conduct credits.
After reviewing the record, appellant's court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441 (Wende). On September 23, 2011, we advised appellant he had 30 days within which to personally submit any contentions or issues he wished us to consider. We have received no response to date.
We have examined the entire record and are satisfied that appellant received adequate and effective appellate review of the order entered against him in this case and that his counsel has fully complied with his responsibilities and no arguable legal issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109-110; Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED.
JOHNSON, J. We concur:
MALLANO, P. J.
CHANEY, J.