Opinion
B283815
06-05-2018
THE PEOPLE, Plaintiff and Respondent, v. JULIAN DAVID JANUARY, Defendant and Appellant.
Matthew Alger, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. PA088627) APPEAL from a judgment of the Superior Court of Los Angeles County, David Walgren, Judge. Affirmed. Matthew Alger, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
INTRODUCTION
Defendant Julian David January pled no contest to one count of stalking and was sentenced to six years in prison. He appealed. We have conducted an independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), and conclude that no arguable issues exist. We therefore affirm.
FACTUAL AND PROCEDURAL BACKGROUND
The Los Angeles County District Attorney filed a felony complaint charging defendant with one count of burglary (Pen. Code, § 459, count 1, a felony), and one count of stalking (§ 646.9, subd. (b), count 2, a felony). The complaint also alleged that defendant had a strike prior (§§ 667, subds. (b)-(j), 1170.12) and prison priors (§ 667.5, subd. (b)).
All further statutory references are to the Penal Code unless otherwise indicated. --------
The probation report states that defendant's ex-girlfriend and mother of his children had an active restraining order against defendant. One afternoon the ex-girlfriend arrived at her home to find defendant lying on her bed. She fled and called police, and defendant was arrested. Defendant had also called and texted the victim numerous times in violation of the restraining order.
Defendant initially pled not guilty. Pursuant to a plea deal entered before the preliminary hearing, defendant later pled no contest to count 2, and admitted his prior convictions; count 1 was dismissed. He was sentenced to six years in prison, calculated as the midterm of three years, doubled based on the strike prior. Defendant filed a notice of appeal, and his request for a certificate of probable cause was denied. On appeal, defendant's appointed counsel filed a brief requesting that we independently review the record for error. (Wende, supra, 25 Cal.3d 436, 441.) We directed counsel to send the record and a copy of the brief to defendant, and notified defendant of his right to respond within 30 days. We received no response.
WENDE REVIEW
We have examined the entire record, and are satisfied no arguable issues exist in the appeal before us. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 110; Wende, supra, 25 Cal.3d at p. 443.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
COLLINS, J. We concur: WILLHITE, Acting P. J. MANELLA, J.