P.
v. Turner







Filed
10/19/12 P. v. Turner
CA3

NOT
TO BE PUBLISHED






IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE
DISTRICT

(Sacramento)

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>

THE PEOPLE, Plaintiff and Respondent, v. EROABLUM DEAN TURNER, Defendant and Appellant.

C069684 (Super. Ct. No. 10F01065)

Appointed counsel
for defendant Eroablum Dean
Turner has asked this court to review the record to determine whether
there exist any arguable issues on appeal. (People
v. Wende (1979) 25 Cal.3d 436 (Wende).) We shall affirm the judgment.

BACKGROUND

At approximately 10:00 a.m. on December
22, 2008,
defendant entered Emilio Balingit’s bedroom carrying a kitchen knife. Defendant walked to Balingit’s desk, warning
Balingit not to “try anything stupid.
[He] ha[s] two people outside ready to fuck [him] up.” Defendant picked up Balingit’s laptop computer,
told Balingit to “have a nice fucking Christmas,” and walked out of the
room. Once Balingit heard defendant
leave the house, he grabbed a golf club, called 911 from his cell phone, and
began following defendant down the street.

After law enforcement arrived on the scene,
a police officer saw a man in a gray shirt matching defendant’s description
carrying two bags and climbing over a back fence of a nearby apartment
complex. The officer found two bags
containing items stolen from Balingit’s house hanging from the fence. Officers later saw a woman, believed to be
defendant’s mother, carrying one of the bags into an apartment. Defendant’s mother and two sisters lived in
apartment number four and defendant had been seen at that apartment on prior
occasions.

After a five-day trial, the jury found
defendant guilty of residential burglary with a person present and robbery of
Balingit, and found he personally used a deadly weapon in committing the
offenses. (Pen. Code,href="#_ftn1" name="_ftnref1" title="">[1] §§ 459, 211, 667.5, subd. (c)(21),
12022, subd. (b)(1).)

The trial court sentenced defendant to the
midterm of four years in prison for the robbery and a consecutive one year for
the deadly weapon enhancement, for an aggregate term of five years in state
prison. The court stayed sentence on the
burglary and its enhancements pursuant to section 654. The court ordered defendant to pay various
fines and fees, including a $1,000 restitution
fine, and awarded defendant a total of 265 days of presentence custody
credit. Defendant appeals.

DISCUSSION

Counsel filed an opening brief that
sets forth the facts of the case and asks us to determine whether there are any
arguable issues on appeal. (>Wende, supra, 25 Cal.3d 436.) Counsel advised defendant of the right to
file a supplemental brief within 30 days of the date of filing of the href="http://www.fearnotlaw.com/">opening brief. More than 30 days have elapsed, and we have
received no communication from defendant.
We have undertaken an examination of the entire record and find no href="http://www.fearnotlaw.com/">arguable error that would result in a href="http://www.mcmillanlaw.us/">disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.







DUARTE , J.







We concur:







BUTZ , Acting P. J.







MURRAY , J.