People v. Dabbs CA3

Filed 9/5/14 P. v. Dabbs CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C075569

Plaintiff and Respondent, (Super. Ct. No. 13F03948)

v.

JAMES EDWARD DABBS,

Defendant and Appellant.

Appointed counsel for defendant James Edwards Dabbs has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

Around midnight on June 20, 2013, Jim Hill walked down the hall of his residence, turned on the kitchen light, and saw a man he did not know walk down the hall and into his bedroom. The man then went into the bedroom of Karen Lamb, who also lived at the residence. Lamb awoke and saw the man going through her dresser drawers. She told him to get out of her room and chased him down the hall. Hill saw the man leaving Lamb’s room. The man went past him and out the back sliding door, which had a broken lock. Lamb called the police. Hill’s blue cell phone was missing and several dollars were missing from Lamb’s purse.

Hill described the man as being a dark African-American in his 40’s or 50’s, about six feet tall and 180 pounds. The man was growing a bit of a beard and mustache and was wearing a white T-shirt with a large black circle and writing on it. Lamb saw only the man’s profile and clothing, and noted he smelled strongly of alcohol. She described the man as Black and in his 30’s or 40’s, wearing dark pants and a white T-shirt with writing on the front.