Opinion
B290756
03-21-2019
Patrick J. Hoynoski, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. GA100291) APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Villalobos, Judge. Affirmed. Patrick J. Hoynoski, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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Defendant Armani Young was convicted of two counts of first degree burglary. Young's appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), identifying no issues and requesting that this court review the record and determine whether any arguable issue exists on appeal. We have reviewed the record, conclude the record reveals no arguable issue on appeal, and thus affirm.
FACTUAL BACKGROUND
On December 24, 2016, witnesses saw Young and another man, Baker, enter a property containing two residences on Noel Drive in Temple City. A deputy sheriff later detained Young and Baker two blocks from Noel Drive. Baker had a large amount of Chinese currency and a pair of gloves in his pocket. Another deputy found more Chinese currency, another pair of gloves, and a can of pepper spray approximately 12 feet from where Young and Baker had been detained.
Deputies investigated the two residences on Noel Drive. They found a window screen removed and an exterior door and window open in the first home, and damage to the plaster around a wall safe in an upstairs bedroom closet as if someone were trying to remove the safe. The rear door of the second home appeared to have been forced open and the interior had been "ransacked." The resident of the second home confirmed that she was missing the same amount of Chinese currency that was found on or near Baker and Young.
PROCEDURE
An information charged Young with two counts of first degree residential burglary (Pen. Code, § 459), one for each of the two residences. The trial court instructed the jury, and the prosecution argued, that Young could be found guilty either as a direct perpetrator or as an aider and abettor. The jury found Young guilty of both counts.
At the time of sentencing, Young was already serving a seven-year sentence from a separate conviction for residential burglary with a gang enhancement. The trial court resentenced Young to seven years for that earlier conviction and imposed an additional four years for the first count of burglary in the instant case, to be served concurrently, and an additional 16 months for the second count, to be served consecutively; thus, Young's total sentence was eight years four months. The trial court also imposed fines and fees and awarded credits.
DISCUSSION
Young filed a timely notice of appeal. After examining the record, his appointed counsel filed a Wende brief raising no issues on appeal and requesting that we independently review the record. (Wende, supra, 25 Cal.3d 436.) This court advised Young of the opportunity to file a supplemental brief. He filed none.
We have reviewed the record and find no arguable issue. Appointed counsel has fully complied with his responsibilities and no arguable issue exists. (People v. Kelly (2006) 40 Cal.4th 106, 126; Wende, supra, 25 Cal.3d at pp. 441-442.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED.
BENDIX, J. We concur:
ROTHSCHILD, P. J.
CHANEY, J.