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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G048868

v. (Super. Ct. No. 12NF4071)

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 he pleaded guilty to second degree commercial burglary (Pen. Code, §§ 459, 460; 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 Officer Michael Brannigan testified at Sanchez’s preliminary hearing the manager of a Johnny Rockets restaurant in Anaheim reported a burglary on August 28, 2011. Surveillance video showed a man entering the restaurant after hours at 3:45 a.m. and leaving at 3:51 a.m. He appeared to remove something from the unlocked safe. A second man entered at 4:52 a.m. and left at 4:57 a.m. The second man carried a pair of scissors and also appeared to remove something from the safe. The manager reported a loss of $462.50. Both men entered through a metal exterior door. The door lock mechanism was intact, but Brannigan saw new scratch or pry marks on the door frame and associated metal shavings. Investigators recovered scissors at the scene. The tips of the scissors were bent. DNA found on the scissors matched Sanchez’s DNA profile “at all tested locations.” On July 12, 2013, Sanchez pleaded guilty to burglary based on his understanding the court would impose an eight-month sentence. He executed a superior court advisement and waiver of rights felony guilty plea form. According to the plea form, he admitted that on August 28, 2011, he “willfully and unlawfully entered Johnny Rockets with the specific intent to commit larceny.” Sanchez agreed to pay restitution and various other fines and fees. He expressly waived his right to appeal, waived the right to a probation report, and requested immediate sentencing. The abstract of judgment reflects the eight-month term was imposed consecutively to a two-year term for attempted first degree burglary imposed in another case.