P. v. Willis

Filed 9/5/07 P. v. Willis CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

APPEAL from a judgment of the Superior Court of San Diego County, William J. McGrath, Judge. Affirmed.

A jury convicted Rachee Willis of residential burglary (Pen. Code, 459, 460) and unlawful taking and driving a vehicle (Veh. Code,  10851, subd. (a)).^[1] The trial court sentenced Willis to two years and eight months in prison. Willis appeals. We affirm.

FACTS

Viewing the record in the light most favorable to the judgment below (People v. Johnson (1980) 26 Cal.3d 557, 576), the following occurred: On August 15, 2006, Willis parked a silver Mazda on New Jersey Street in Lemon Grove. Willis and his passenger exited the vehicle. Willis approached the house on the corner of New Jersey Street and Cuyamaca Avenue, while the other individual said "which one, which one." Willis went to an open side window of the house and cut the screen. A neighbor telephoned 911 to report the suspicious behavior. Willis and the other individual left, but returned a few minutes later and parked on the neighbor's side of New Jersey Street. This time, there were three passengers in addition to Willis. The neighbor engaged them in a conversation until the police arrived.

When sheriff deputies arrived, Willis and the three other individuals were outside the neighbor's house. A sheriff deputy ran the license plate of the silver Mazda and learned that the vehicle had been stolen. Another deputy searched for the keys to the Mazda and found them partially buried in the dirt underneath Willis's feet. Willis was arrested at the scene.

During a property inventory procedure at the Lemon Grove sheriff substation, Willis asked a deputy where his digital camera, compact discs and condoms were after being shown a list of the property that was recovered.

The owner of the silver Mazda testified her vehicle was stolen on August 14, 2006, when it was parked at her house on 39th Street in San Diego. She did not know Willis, and her spare key to the vehicle was missing.

The court imposed a two-year sentence on the burglary count and a consecutive eight months term on the unlawful taking of a vehicle count.

DISCUSSION

Appointed counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable issues: (1) whether Willis's statement during the property inventory procedure should have been introduced at trial; (2) whether two jury instructions─Judicial Council of California Criminal Jury Instructions (2006-2007), CALCRIM Nos. 225 and 250─should have been given; and (3) whether consecutive sentences were proper.

We granted Willis permission to file a brief on his own behalf. He has not responded.

A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Competent counsel has represented Willis on this appeal.

DISPOSITION

The judgment is affirmed.

IRION, J.

WE CONCUR:

HALLER, Acting P. J.

O'ROURKE, J.

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^[1] The jury acquitted Willis of receiving stolen property (Pen. Code,  496, subd. (d)).