People v. Sanchez CA4/3

Filed 3/14/14 P. v. Sanchez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G048871

v. (Super. Ct. No. 13NF0469)

JAIME GUTIERREZ SANCHEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, W. Michael Hayes, Judge. Affirmed. Jan B. Norman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

Defendant Jaime Gutierrez Sanchez filed a notice of appeal after a jury convicted him of attempted first degree burglary (Pen. Code, §§ 459, 460, 664; all statutory references are to the Penal Code unless noted). His appointed counsel filed a brief summarizing the case, but advised this court there were no issues to support an appeal. After conducting an independent review of the record under People v. Wende (1979) 25 Cal.3d 436 (Wende), we affirm.

FACTS At approximately 3:45 a.m. on February 2, 2013, David Kooi was awakened when he heard a noise coming from the first floor of his two-story condominium and spotted a man trying to open a locked window to the condominium. Kooi banged on the window and asked the man what he was doing. The man walked away. Kooi noticed the screen had been removed and called police. Officers detained Sanchez a few blocks away and Kooi identified him as the man who attempted to open his window. Officer Rafael Orozco interviewed Sanchez in Spanish after advising him of his Miranda rights (Miranda v. Arizona (1966) 384 U.S. 436). Sanchez admitted removing the screen from Kooi’s front window. He claimed a man had tried to rob him on the street as he walked home from a taco shop, and the would-be robber ran into Kooi’s residence. Sanchez denied attempting to enter Kooi’s residence to steal anything. Sanchez displayed symptoms of intoxication. In July 2013, a jury convicted Sanchez of attempted first degree burglary. On July 12, 2013, the trial court sentenced Sanchez to two years in prison for the current conviction, plus an eight-month consecutive term for a conviction in a separate case.