People v. Morrone CA4/3

Filed 3/26/14 P. v. Morrone 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G049012

v. (Super. Ct. No. 13NF0992)

JOSEPH EUGENE MORRONE, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed. Stephanie M. Adraktas, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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A jury convicted defendant Joseph Eugene Morrone of first degree burglary of a residence. (Pen. Code, §§ 459, 460.) After the verdict, Morrone admitted he committed that offense while he was released from custody on bail on another offense. (Pen. Code, § 12022.1, subd. (b).) He was sentenced to four years in prison. This timely appeal followed. After Morrone appealed we appointed counsel to represent him. Counsel filed a brief which set forth the facts and the disposition of the case. She did not argue against Perrone, but advised she had not found any issues to argue on Perrone’s behalf. (People v. Wende (1979) 25 Cal.3d 436 (Wende ).) And, ostensibly to assist us in our independent review of the record, she suggested we consider certain specific issues pursuant to Anders v. California (1967) 386 U.S. 738 (Anders). Counsel advised Morrone of the filing of a Wende brief and his opportunity to file his own supplemental brief. More than 30 days has passed and we have received no communication from him. FACTS In March 2013 at about 12:30 p.m., Maria Sanchez returned to her apartment in Anaheim. She was pushing an infant in a stroller. As she walked toward the apartment she saw two men wearing dark clothing leaning on a fence. She said “hey” and the two men ran away. Sanchez’s apartment door was open. Morrone came out of a window of her apartment and fell to the pavement as he tried to get over the fence. He was wearing an orange shirt. He ran past her and she saw his clothes. She called 911. Sanchez opened her front door and began to back into the apartment with the stroller. A fourth man pushed past her out of the apartment, knocking the baby out of the stroller. The man was carrying a silver object in his hand. Sanchez saw the four men standing on the corner of the barbecue area of the apartment complex talking to each other. One of them called her a “bitch.” Sanchez,