Opinion
2d Crim. No. B227009 Super. Ct. No. VA112999 (Los Angeles County)
08-22-2011
THE PEOPLE, Plaintiff and Respondent, v. JAVIER ENRIQUE MARTINEZ, Defendant and Appellant.
Cindy Brines, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Javier Enrique Martinez appeals the judgment entered after a jury convicted him on three counts of residential burglary (Pen. Code, § 459). The trial court sentenced him to eight years eight months in state prison.
Between October 2008 and August 2009, appellant was living with his mother in an apartment on Painter Avenue in Whittier. On October 9, 2008, Martha Flores returned to her apartment at 7902 Painter Avenue and discovered that several items of her jewelry were missing. Flores also noticed that the lock on her kitchen door had been partially unscrewed. Flores reported the burglary to the police.
On the morning of October 22, 2008, Brian Lopez was asleep in his apartment at 7906 Painter Avenue when he heard a knock on the front door. Lopez looked through the peephole and did not recognize the individual on the other side, so he did not answer. As Lopez walked back to his bedroom, he heard the bedroom window open and saw appellant standing outside. When Lopez asked appellant what he was doing, appellant replied he did not know that anyone was home. Lopez reported the incident to the police. A few days later, Lopez saw appellant and asked him what he had been doing at his apartment. Appellant initially denied being there, but eventually admitted that it was him. Lopez subsequently identified appellant from a photographic six-pack as the man who had tried to enter his apartment.
Appellant was charged with committing residential burglary at Lopez's apartment, but the jury acquitted him on that count.
Jennifer Hoskin lived at 7906½ Painter Avenue, in the same apartment building where appellant lived. On January 9, 2009, Hoskin returned from at trip and discovered that someone had stolen several pieces of jewelry and an Ipod from her apartment. Hoskin called the police and reported the missing items.
Based on Lopez's identification of appellant, a warrant was issued for his arrest. When the warrant was executed on August 19, 2009, items that had been stolen from the Flores and Hoskin residence were found in appellant's apartment. After appellant was arrested, he made statements identifying himself as the individual who had committed the burglaries. Appellant also admitted burglarizing another residence and stealing jewelry from a box on a bedroom dresser. Appellant directed the police to the residence at 8217 Edmaru Avenue. The police contacted Elizabeth Venegas, who resided at that address, and told her that she had been the victim of a burglary. Venegas looked through the jewelry box on her dresser and verified that two rings and two bracelets were missing. Appellant subsequently wrote apology letters to Flores, Hoskin, and Venegas.
Appellant's mother, Maria Martinez, testified for the defense. Martinez claimed that she was the owner of four of the eight pieces of jewelry found when appellant was arrested. Martinez also testified that the police had never asked her whether any of the jewelry belonged to her.
We appointed counsel to represent appellant in this appeal. After counsel's examination of the record, she filed an opening brief raising no issues.
On March 2, 2011, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. Appellant did not respond.
We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with her responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
PERREN, J.
We concur:
GILBERT, P.J.
COFFEE, J.
Lori Ann Fournier, Judge
Superior Court County of Los Angeles
Cindy Brines, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.