People v. Simmons CA4/1

Filed 7/23/14 P. v. Simmons CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065309

Plaintiff and Respondent,

v. (Super. Ct. No. SCD248262)

MICHAEL DANGELO SIMMONS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Peter C.

Deddeh, Judge. Affirmed.

John L. Staley, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance by Plaintiff and Respondent.

A jury convicted Michael Dangelo Simmons of two counts of forgery (Pen.

Code,1 § 470, subd. (d)) and one count of burglary (§ 459). The trial court found two

serious/violent (strike) felony prior convictions (§ 667, subds. (b)-(i)).

1 All further statutory references are to the Penal Code unless otherwise specified.

The trial court denied a defense motion to strike the serious/violent felony priors.

Simmons was sentenced to a determinate term of 32 months in custody.

Simmons filed a timely notice of appeal.

Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25