Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. BA342444, Anne H. Egerton, Judge.
Robert M. Sweet, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
RUBIN, ACTING P. J.
At around 5:30 a.m. on June 21, 2008, Oscar Hidalgo was in front of the apartment building where he lived when he heard a car door slam shut on the Honda Civic owned by his mother, Marleny Hidalgo, and driven by his sister, Marleny Portillo. Hidalgo looked at the car and saw that one of its windows was broken. When Hidalgo looked around, he saw a man walking away from the car. Hidalgo called the police and a patrol car arrived soon after. Hidalgo rode with the officers as they went looking for the man Hidalgo had seen. About 400 yards away, the officers saw a man who matched the description provided by Hidalgo leaning into a parked car through an open window. The police stopped the man, who turned out to be defendant Jason Martinez. The police saw that the face plate of the second car’s stereo had been removed and was on the front seat. A search of Martinez turned up no burglary tools, but did find about $2 in coins in his pockets.
Martinez was charged with two counts of second degree vehicle burglary (Pen. Code, § 459), along with an allegation that he had two prior non-violent and non-serious felony convictions. (Pen. Code, § 667.5, subd. (b).) At trial, Marleny Hidalgo testified she was the owner of the Honda Civic and that she let her daughter, Portillo, drive the car. Portillo testified that she had driven the car the night before, and parked it on the street and locked it before going to her apartment. She kept about $2 in coins in the car, and those were missing after the break-in. The owner of the second car also testified that the car was hers, that Martinez had no right to be inside it, and that she never left her car stereo’s faceplate on the front seat.
A jury found Martinez guilty of both counts. The alleged priors were dismissed when the prosecutor chose not to prove them. The trial court imposed a high-term of three years on count 1 because more than one crime occurred, and because the probation report showed Martinez had the two prior felony convictions and five misdemeanor convictions. A concurrent, mid-term sentence of two years was imposed for the second count.
Martinez filed a notice of appeal. On January 21, 2009, his appointed appellate counsel filed a Wende brief. Attached to the brief was a declaration from counsel stating that he had reviewed the record, written to Martinez, sent him a copy of the brief and the record, and advised him of his right to file a supplemental brief within 30 days. The next day, we sent Martinez a letter concerning his counsel’s inability to find any arguable issues and advised him of his right to file supplemental briefing. Martinez did not file a supplemental brief. We have examined the entire record and are satisfied that appellant’s attorney has fully complied with his responsibilities and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259; People v. Wende (1979) 25 Cal.3d 436.)
DISPOSITION
The judgment is affirmed.
WE CONCUR: FLIER, J. BIGELOW, J.