P. v. Bates
Filed 8/16/13 P. v. Bates CA2/5
California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
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IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
FIVE
THE PEOPLE,
Plaintiff and Respondent,
v.
JOSEPH BATES,
Defendant and Appellant.
B244523
(Los Angeles
County Super.
Ct.
No. NA092042)
APPEAL from
a judgment of the Superior Court
of
County, Jesse I. Rodriguez, Judge. Affirmed.
California
Appellate Project, Jonathan B. Steiner, Executive Director, and Ann Krausz,
Attorney, under appointment by the Court of Appeal, for Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
___________________________
Defendant and appellant Joseph Bates was convicted by
jury in count 1 of first degree
residential burglary and in count 3 of burglary of a detached garage, both
violations of Penal Code section 459.
The trial court sentenced defendant to the midterm of four years in
count 1 and stayed the sentence in count 3 under Penal Code section 654. An error in calculating custody credits was
corrected by postjudgment order.
Defendant
filed a timely notice of appeal from
the judgment. This court appointed
counsel to represent defendant on appeal.
On April 17, 2013, appointed counsel filed a brief raising no issues,
asking this court to independently review the record for arguable appellate
contentions under People v. Wende
(1979) 25 Cal.3d 436. Defendant was
advised of his right to file a supplemental brief within 30 days. No supplemental brief has been filed by
defendant.
We have
completed our independent review of the record.
Our review of the record reveals no arguable
defendant entered a residence and its detached garage without permission of the
owner. The owner and her family were
living in a hotel at the time, because the house had been damaged in a fire
shortly before the burglary. A neighbor
called 911 after seeing two men going in and out of the residence loading items
onto a truck. Officers responded and
took defendant and another man into custody at the scene. Property belonging to the owner of the house
was in the truck.
The jury
was properly instructed on the law. The
sentence imposed was within the sound discretion of the trial court.
The
judgment is affirmed. (Smith
v. Robbins (2000) 528 U.S.
259.)
KRIEGLER, J.
We
concur:
MOSK, Acting P. J. KUMAR,
J.
of the Los Angeles County Superior Court assigned by the Chief Justice pursuant
to article VI, section 6 of the California Constitution.
