Opinion
D071856
11-30-2017
THE PEOPLE, Plaintiff and Respondent, v. LATRELL KENNETH WHITE, Defendant and Appellant.
Andrea S. Bitar, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. SCE355661 & SCD266283) APPEAL from a judgment of the Superior Court of San Diego County, Melinda J. Lasater, Judge. Affirmed. Andrea S. Bitar, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Latrell Kenneth White pleaded guilty to a single count of second degree burglary. (Pen. Code, § 459.) While released on bail awaiting sentencing, he was arrested and charged with first degree burglary and misdemeanor trespassing (§ 602.5, subd. (b)). A jury convicted him of both offenses and, in a bifurcated proceeding, he admitted a prison prior under section 667.5, subdivision (b), a serious felony prior under section 667, subdivision (a)(1), and one strike prior under section 667, subdivisions (b) through (i). He also admitted he committed the latest offenses while released from custody on bail. The court sentenced White to 15 years in prison, which it calculated as follows: the middle term of four years for the burglary offense, doubled under section 667, subdivision (e)(1) for White's strike prior, plus two years for committing the offense while released on bail under section 12022.1, subdivision (b), plus five years for his serious felony prior under section 667, subdivision (a)(1). On the misdemeanor trespassing offense, the court sentenced White to 365 days in custody of the sheriff, with credit for time served. On the second degree burglary conviction that was awaiting sentencing at the time of his latest offenses, the court sentenced White to the middle term of two years, to be served concurrently. The court struck the punishment for White's prison prior under section 667.5, subdivision (b).
Further statutory references are to the Penal Code unless otherwise specified. --------
White appeals. His appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders) and has not raised any specific issues. She asks this court to review the record independently for error as required by Wende. We granted White the opportunity to file a supplemental brief on his own behalf. He has not responded. We have independently reviewed the record under Wende and found no reasonably arguable issues for reversal on appeal. We therefore affirm.
FACTUAL AND PROCEDURAL BACKGROUND
For purposes of this section, we state the evidence in the light most favorable to the judgment. (See People v. Osband (1996) 13 Cal.4th 622, 690; People v. Dawkins (2014) 230 Cal.App.4th 991, 994.)
On March 28, 2016, a 12-year-old boy was walking home when he saw a man—defendant White—knocking on his front door. The boy walked past his house and into his neighbor's yard, where he intended to wait until the man left. White saw the boy and approached him to ask his name and age. The boy told White he was waiting for a friend and eventually moved farther into the neighbor's yard. Looking at his house, the boy could see through a window that there was a second man inside his house. The boy then knocked on his neighbor's door and asked to use the phone to call 911. As he was talking to the 911 dispatcher, the police arrived and the boy saw the second man jump over the fence between his house and the neighbor's house and then flee.
The second man, identified as Darren McDonald, was found hiding inside a garage several blocks from the burglarized house. White fled in a different direction, where he entered a house and asked the owner if he could hide and use a phone. The owner refused and asked White to leave. Shortly thereafter, White was arrested a few blocks away. At a curbside lineup, the boy identified White as the man standing outside his house.
The police located jewelry and other items thrown into the neighbor's yard and in the yard of a house several blocks away between the burglarized house and the location where White was arrested. The owner of the burglarized home identified the items as being taken from his house.
The parties stipulated to the fact that White and McDonald knew each other. After his arrest, White was recorded placing a call on a jail telephone to his girlfriend. They discussed bailing him out of custody and also discussed another friend's efforts to bail out McDonald. White did not present any affirmative evidence. His defense focused on questioning whether the People had demonstrated that he was truly involved in the burglary and shared McDonald's intent.
DISCUSSION
As noted, White's counsel has filed a brief pursuant to Wende and Anders, and has not raised any specific issues on appeal. Instead, she identified two possible issues under Anders: (1) "Was there sufficient evidence to find appellant guilty of first-degree burglary under an aiding and abetting theory?" and (2) "Was there sufficient evidence to support appellant's conviction on the misdemeanor trespassing count under section 602.5?"
We have independently reviewed the record under Wende and considered the possible issues identified by White's counsel. We have found no reasonably arguable issues for reversal. Competent counsel has represented White in this appeal.
DISPOSITION
The judgment is affirmed.
DATO, J. WE CONCUR: NARES, Acting P. J. IRION, J.