People v. Bleichner CA2/8

Filed 10/7/13 P. v. Bleichner CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B247045

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA 387340) v.

CODY JOSEPH BLEICHNER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Barbara R. Johnson, Judge. Affirmed.

Alan E. Spears, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

************

Cody Bleichner appeals from a judgment of conviction after a jury found him guilty of three counts of first degree burglary. For two of the counts, the jury also found true allegations that another person other than an accomplice was present in the residence during the commission of the burglaries. Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), appellant’s counsel filed an opening brief requesting that this court review the record and determine whether any arguable issues exist on appeal. We have reviewed the entire record and find no arguable issues. We therefore affirm the judgment. We do find however, that the amended abstract of judgment contains a clerical error, and incorrectly states the conviction on count 3 included a finding that the burglary was committed while another person was present, so a corrected abstract of judgment must be issued as provided herein. PROCEDURAL HISTORY In an amended information filed September 14, 2012, it was alleged that appellant committed four counts of first degree residential burglary in violation of Penal Code section 459.1 Each count was alleged to be a serious felony pursuant to section 1192.7, subdivision (c). Counts 1, 2, and 4 were alleged to be violent felonies under section 667.5, subdivision (c), in that another person, other than an accomplice, was present in the residence during the commission of the offense. It was also alleged that the offenses required registration under section 290, subdivision (c), and appellant would be subject to state-prison custody under section 1170, subdivision (h)(3). On February 14, 2012, between the filing of the initial and amended Information, the trial court declared doubt as to appellant’s mental competency under section 1368, referred appellant for an examination pursuant to Evidence Code section 730, and suspended the proceedings. After appellant underwent a psychological examination, the