People v. Ganey CA4/1

Filed 11/7/24 P. v. Ganey CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, D083631

Plaintiff and Respondent,

v. (Super. Ct. No. SCD300184)

SOMCHITH GANEY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Albert T. Harutunian III, Judge. Affirmed. Somchith Ganey, in pro. per.; and Reed Webb, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

A jury convicted Somchith Ganey of two counts of burglary (Pen. Code,1 § 459) and one count of grand theft (§ 487, subd. (a)). Ganey admitted four prior convictions including one strike prior (§ 667, subds. (b)-(i)). Ganey was sentenced to a term of five years four months in prison.

1 All statutory references are to the Penal Code.

Ganey filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered Ganey the opportunity to file his own brief on appeal. Ganey has responded by filing a supplemental brief. In his brief, Ganey argues his trial counsel was ineffective in the handling of various evidentiary issues and for failing to call a certain witness. He also challenges the strength of the prosecution’s case. Ganey has not identified any arguable issues for reversal on appeal. STATEMENT OF FACTS Appellate counsel has submitted a summary of the evidence at trial. We will incorporate the summary here to provide background. Gina O., the principal of St. Rita Elementary School located in the southeastern part of San Diego, found that there had been an apparent break-in of the school when she came to work on Monday, July 17, 2023. The school was equipped with 15 surveillance cameras that stored video data for four days. Looking at the video recordings, Gina could see that a man had entered the campus around 4:30 a.m. He went into a classroom and emerged pushing a cart with 24 iPad tablets. The cart was then taken to an alley behind the school. In the early morning hours of July 19, 2023, there was yet another entry into the school grounds during the early morning hours. It looked like a gate had been cut in a chain link fence to gain entry. A large television monitor and an iPad was missing from the teacher’s lounge along with portable radios, speakers, and audio equipment. Reviewing video recordings