Opinion
C087083
10-29-2018
THE PEOPLE, Plaintiff and Respondent, v. BILLY GLYN SIMS, 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NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. CR59237)
Appointed counsel for defendant Billy Glyn Sims, Jr., filed an opening brief setting forth the facts of the case and asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After reviewing the entire record, we have found no arguable error that would result in a disposition more favorable to defendant. We affirm the judgment.
FACTS AND PROCEEDINGS
The statement of facts is taken from the preplea probation report, which the parties stipulated could be deemed to be the factual basis for defendant's no contest plea. Thus, we provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124.)
On the afternoon of August 20, 2017, defendant called O.O. and asked to see her. They had "hooked up" a few times.
After O.O. declined to see defendant, he became angry. He arrived unannounced at her apartment a short time later and banged on the door. O.O. and a friend pushed a dresser against the front door so defendant could not get in. Defendant, however, kicked the door open and entered the apartment. O.O. ran out a rear sliding glass door onto a patio and jumped over a fence to escape. She claimed defendant told her, "I'm going to leave you for dead." Investigating officers determined defendant was the individual who entered O.O.'s apartment. He was subsequently arrested; officers found methamphetamine in his sock. At the time of his arrest, defendant was on probation in another matter.
Based on the above events, defendant was charged in Colusa County case No. CR59237 with residential burglary (Pen. Code, § 459, count one; statutory section references that follow are to the Penal Code unless otherwise set forth), criminal threats (§ 422, subd. (a), count two), and possession of a methamphetamine (Health & Saf. Code, § 11377, subd. (a), count three). For count one, it was alleged that a person other than an accomplice was present in the residence at the time of the burglary (§ 667.5, subd. (c)(21)). Following a preliminary hearing, the court held defendant to answer on all the charges.
Defendant pleaded no contest to the burglary charge in exchange for dismissal of the remaining counts and allegations, the alleged violation of probation and matters related to past due fines. The court sentenced defendant to the upper term of six years in state prison. The court imposed a $300 restitution fine (§ 1202.4, subd. (b)), a $300 parole revocation restitution fine (§ 1202.45), an additional $890 in fines and penalties, and $390 for preparation of the preplea probation report (§ 1203.1b, subd. (a)). He was awarded 58 days of actual credit and 58 of conduct credit for a total of 116 days of presentence custody credit. Defendant timely appealed.
DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and requesting that this court review the record to determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we have received no communication from defendant.
Having undertaken an examination of the entire record pursuant to Wende, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
HULL, Acting P. J. We concur: MAURO, J. MURRAY, J.