P. v. Matthews
Filed 4/18/12 P. v. Matthews CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. JAMES HOWARD MATTHEWS, Defendant and Appellant. | F062279 (Super. Ct. Nos. SF015949A, SF015962A, SF016012A, SF016115A & SF016116A) O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Larry A. Errea, Judge.
David Goodwin, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
In case No. SF015949A, a jury convicted appellant, James Howard Matthews, of second degree burglary (count 1/Pen. Code, § 460, subd. (b))[1] and tampering with a vehicle, a misdemeanor (count 4/Veh. Code, § 10852). In a separate proceeding, Matthews admitted five prior prison term enhancements (§ 667.5, subd. (b)). In case Nos. SF015962A and SF016012A, Matthews pled no contest in each case to one count of second degree burglary, and in case Nos. SF016115A and SF016116A, he pled no contest in each case to one count of petty theft with a prior (§ 666). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 441, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On August 22, 2010, Donna Ryder discovered that someone broke into her truck and took several items including a television, 30 DVDs, a small refrigerator, a toolbox, and a navigation system. Matthews’s fingerprints were found on the truck (case No. SF015962A).
On September 25, 2010, Gary New went on vacation. When he returned home approximately two weeks later, he noticed the driver’s door to his car was ajar. New checked the car and found a small GPS unit missing. He also checked a surveillance video of the driveway area where his car had been parked and saw that someone entered his car on September 26, 2010 (case No. SF016116A).
On September 28, 2010, Felipe Ramos reported that someone broke into his work truck and took a television, a DVD player, a generator, and a GPS device. Matthews’s fingerprints were found on the truck (case No. SF016012A). Also on that date, Sylvia Schoonover reported that someone entered her unlocked truck and took a visor-mounted tissue holder and a trailer hitch. Matthews’s fingerprints were found on the truck (case No. SF016115A).
On October 31, 2010, at approximately 3:00 a.m., Tammy Crane was delivering newspapers in Shafter when she saw a man sitting in a pickup parked in the driveway of Jimmy Carroll’s residence. The man immediately got out of the truck and rode off on a BMX bicycle with a dog following him. The man was wearing shorts and a T-shirt. Later that night, Carroll was contacted by a Shafter police officer regarding the break-in. Carroll went to look at the truck and found that a rear side window had been broken and one of the door handles had been pried loose. Several CDs, a pack of cigars, a lighter, and $10 worth of coins were taken from the truck.
An officer investigating the break-in later found a BMX bicycle in some bushes in a wet field located south of Carroll’s house. At approximately 7:30 a.m., the officer contacted Matthews at a residence in Shafter and confiscated some shoes that were muddy and wet. The pattern of the sole of the shoes matched the pattern of shoe prints that the officer found by the BMX bicycle. When the officer took the bicycle to Matthews’s residence, a woman at the house identified it as belonging to Matthews. The woman also told an officer that Matthews arrived at the house a short time before the officers (case No. SF015949A).
During the early morning hours of October 31, 2010, Shafter police officers also investigated a burglary of a Freightliner truck belonging to Jaime Valencia (case No. SF015949A).
On December 3, 2010, the district attorney filed an information in case No. SF015949A charging Matthews with two counts each of second degree burglary (counts 1 & 2), vehicle tampering (counts 4 & 5), and one count of petty theft with a prior (count 3) and six prior prison term enhancements.
On March 7, 2011, the jury trial in case No. SF015949A began.
Prior to the start of jury deliberations, the prosecutor dismissed counts 2, 3, and 5, which related to the burglary of Valencia’s Freightliner truck.
After the jury convicted Matthews on counts 1 and 4, the court dismissed one of the prior prison term enhancements and Matthews admitted the remaining five enhancements.
On March 9, 2011, Matthews pled no contest in case Nos. SF015962A and SF016012A to one count of second degree burglary, and in case Nos. SF016115A and SF016116A, to one count of petty theft with a prior. Matthews’s plea bargain in each of these cases provided that he would receive the upper term of three years on each count, which would be imposed concurrent to any sentence he received in case No. SF015949A.
On April 5, 2011, the court sentenced appellant in case SF015949A to an aggregate term of eight years, the aggravated term of three years on Matthews’s second degree burglary conviction, a concurrent 90-day term on his misdemeanor vehicle tampering conviction, and five one-year prior prison term enhancements. The court also imposed aggravated three-year terms on each of Matthews’s convictions in the remaining cases, and it ordered that each term be served concurrent to the sentence imposed in case No. SF015949A.
On July 11, 2011, the court granted Matthews’s motion to increase his award of presentence custody credit in case No. SF015949A from 312 days to 314 days, consisting of 157 days of presentence actual custody credit and 157 days of presentence conduct credit
Matthews’s appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Matthews has not responded to this court’s invitation to submit additional briefing.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.
