People v. Daly CA4/3

Filed 2/6/14 P. v. Daly CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048105

v. (Super. Ct. No. 12HF1216)

ANTHONY J. DALY, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Sheila F. Hanson, Judge. Affirmed. Anthony J. Daly, in pro. per.; and Dawn S. Mortazavi, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant Anthony J. Daly was convicted of commercial burglary and petty theft, and sentenced to three years in jail. We appointed counsel to represent defendant on appeal. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders), setting forth the facts of the case, raising no issues, and requesting that we independently review the entire record. We provided defendant 30 days to file written argument on his own behalf, which he did. We have examined the entire record, appointed appellate counsel’s Wende/Anders brief, and defendant’s supplemental brief; we find no arguable issue. (Wende, supra, 25 Cal.3d 436.) We therefore affirm.

BACKGROUND On November 13, 2011, about 6:00 p.m., Sean Noel was working at a Radio Shack in San Clemente. A Toshiba Thrive tablet, valued at $400, was on display, secured by security holders, and was streaming music through the store. Noel saw defendant enter the store and walk toward the section where the Toshiba Thrive was on display. Noel was assisting another customer who was already in the store. After about five minutes, Noel hear a loud noise coming from the area in which defendant was standing. About a minute later, defendant left the store, and Noel noticed that the streaming music had stopped. When Noel approached the area where the tablets were displayed, he saw the Toshiba Thrive was missing. Noel saw defendant trying to open the door of a van in the store’s parking lot. After Noel yelled at defendant, defendant ran away. Noel never saw defendant with the Toshiba Thrive in his possession. A deputy sheriff, responding to the scene, searched and impounded the van that defendant had been trying to enter. Defendant’s birth certificate, mail, and photographs were found in the van.