People v. Temple

Full title: THE PEOPLE, Plaintiff and Respondent, v. HOMER JOSH TEMPLE, Defendant and…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE

Date published: Mar 14, 2019

B291145 (Cal. Ct. App. Mar. 14, 2019)

Opinion

B291145

03-14-2019

THE PEOPLE, Plaintiff and Respondent, v. HOMER JOSH TEMPLE, Defendant and Appellant.

Jerome J. Haig, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

CHANEY, J.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. PA090218) APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Terrell, Judge. Affirmed. Jerome J. Haig, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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In 2016, Homer Temple engaged in an argument with his mother while she was driving him to a residential narcotics treatment facility. He grabbed the steering wheel and pulled it to the right, causing the vehicle to go up a freeway embankment and overturn, injuring his mother.

A jury convicted Temple of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), and he was sentenced to the low term of two years in prison, with 352 days of custody and conduct credit, and ordered to pay a $300 restitution fine, a $40 court operations assessment, and a $30 conviction assessment. (Pen. Code, §§ 245, subd. (a), 1202.4, subd. (b), 1465.8; Gov. Code, § 70373, subd. (a)(1).)

Temple timely appealed.

We appointed counsel to represent Temple on appeal. After examination of the record, appointed counsel filed an opening brief raising no issues and asking this court to review the record independently. (People v. Wende (1979) 25 Cal.3d 436, 441-442.) On December 31, 2018, we sent letters to Temple and appointed counsel, directing counsel to immediately forward the appellate record to Temple and advising Temple that within 30 days he could personally submit any contentions or issues that he wished us to consider. He has not responded.

We have examined the entire record and find no arguable issue exists. We are therefore satisfied that Temple's attorney complied with his responsibilities. (People v. Wende, supra, 25 Cal.3d at p. 441.)

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED.

CHANEY, J. We concur:

ROTHSCHILD, P. J.

BENDIX, J.