Opinion
C085799
06-18-2018
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ANDRE RICHARD, JR., Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. CR590583)
Appointed counsel for defendant Michael Andre Richard, Jr., asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.
I
The parties stipulated to a factual basis in the pre-plea report. We take the facts from that report. While executing a search warrant at a home, officers found defendant and a codefendant (who is not party to this appeal) in the master bedroom with their three children, whose ages were five, two, and five months.
Several rooms in the home were missing flooring, and several electrical sockets had no plastic covers on them. Almost every room had fist-sized holes in the walls. There were plastic bottles containing urine, and feces was found in an inoperable toilet. The kitchen had no running water, the sink was full of trash, and almost no food was in the refrigerator. Two additional freezers were full of spoiled food.
Many hazardous items were in reach of the children. An ounce of marijuana and rolling tobacco were left on a desk, along with a large piece of broken glass. Another bedroom had two broken, used methamphetamine pipes. And a used glass marijuana bong and a box of marijuana were in the bathroom. Child Protective Services detained the children due to the home being an unsafe environment.
Defendant pleaded no contest to felony child endangerment (Pen. Code, § 273a, subd. (a)) in exchange for a stipulated term and the dismissal of two remaining counts and a separate case. The trial court sentenced defendant to the stipulated low term of two years, awarded him 200 days of presentence credit (100 actual and 100 conduct), and ordered him to pay various fines and fees. Defendant obtained a certificate of probable cause.
II
Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing the opening brief. More than 30 days elapsed and we received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
/S/_________
MAURO, J. We concur: /S/_________
BLEASE, Acting P. J. /S/_________
RENNER, J.