P. v. Collins

 

 

Filed 1/22/14  P.
v. Collins CA2/2

 

 

 

 

 

 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been
certified for publication or ordered published for purposes of rule 8.1115.

 

 

IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

SECOND
APPELLATE DISTRICT

 

DIVISION
TWO

 

 
>

THE PEOPLE,               Plaintiff and Respondent,               v.   BOBBY LEE COLLINS,               Defendant and Appellant.

B249221         (Los Angeles County       Super. Ct. No. NA094552)

 

 

 

THE COURT:href="#_ftn1" name="_ftnref1" title="">^*

Defendant and appellant Bobby Lee Collins (defendant) appeals his
judgment of conviction of first degree burglary.  His appointed counsel filed a brief pursuant
to People
v. Wende (1979) 25 Cal.3d 436 (Wende),
raising no issues.  On October 28, 2013, we notified defendant of his counsel’s brief and gave him leave to
file, within 30 days, his own brief or letter stating any grounds or argument
he might wish to have considered.  That
time has elapsed, and defendant has submitted no brief or letter.  We have reviewed the entire record, and
finding no arguable issues affirm the judgment.

In an amended information, defendant was
charged with the first degree burglary of an inhabited, occupied dwelling, in
violation of Penal Code section 459.href="#_ftn2" name="_ftnref2" title="">^[1]>  The information also alleged that
defendant had been convicted in 1979 of a prior serious or violent felony
within the meaning of the “Three Strikes” Law, sections 667, subdivisions (b)
through (i), and 1170.12, subdivisions (a) through (d), and for purposes of section
667, subdivision (a)(1); and that defendant had served prior prison terms
within the meaning of section 667.5, subdivision (b).

At
trial, the prosecution presented evidence showing that on January 18, 2013,
defendant used a ladder to access the bathroom window of an occupied residence,
removed a screen from its frame and opened the window.  A neighbor saw defendant in the yard of
the residence, confronted him, and later identified him.

A jury convicted defendant of first degree
burglary as charged and found true the allegation that the dwelling was
occupied during the crime.  After
defendant waived his right to a jury trial on the prior conviction and prison term
allegations, the trial court reviewed the evidence, including defendant’s
prison records, and found the allegations to be true.

On May 29, 2013, the trial
court sentenced defendant to 17 years in prison, consisting of the middle term
of four years, doubled to eight years as a second strike, enhanced by five years
due to the prior serious felony, and four years due to the prior prison terms.  The court awarded defendant a total of 151
days of presentence custody credit, which included 132 actual days plus 19 days
of conduct credit, and ordered defendant to pay href="http://www.sandiegohealthdirectory.com/">mandatory fines and fees.  Defendant filed a timely notice of appeal from
the judgment.

            We have examined the entire record
and are satisfied that defendant’s attorney has fully complied with his responsibilities
and that no arguable issues exist.  We
conclude that defendant has, by virtue of counsel’s
compliance with the Wende procedure
and our review of the record,
received adequate and effective appellate review of the judgment entered
against him in this case.  (>Smith v. Robbins (2000) 528 U.S. 259,
278; People v. Kelly (2006) 40
Cal.4th 106, 123–124.)

NOT TO BE
PUBLISHED IN THE OFFICIAL REPORTS.