People v. Brewer CA5

Filed 2/2/15 P. v. Brewer CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F067886 Plaintiff and Respondent, (Fresno Super. Ct. No. F12903226) v.

VINCENT DURAY BREWER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Denise Lee Whitehead, Judge. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Cornell, J. and Poochigian, J.

INTRODUCTION After a jury trial, appellant/defendant Vincent Duray Brewer was convicted as charged of second degree burglary (Pen. Code, § 460, subd. (b)),1 and admitted he had two prior strike convictions (§ 667, subds. (b)–(i)) and three prior prison term enhancements (§ 667.5, subd. (b)). He was sentenced to the upper term of three years, doubled to six years as the second strike sentence, plus one year for the enhancement. The court ordered the remaining enhancements stricken. On appeal, his appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS On or about April 20, 2012, Sokha Leng purchased a residence on South Minnewawa, in a rural area of Fresno County, in a foreclosure sale.2 The house was on a three-acre parcel that was reached through a driveway gate off the main road. As of May 2, 2012, the Lengs had not moved into the house, and they were not living there, but the “For Sale” sign had been removed. There was a large shed adjacent to the house, and Leng stored a Mercedes and some other personal property inside the shed. The Lengs kept the residence and shed locked. The driveway gate was closed, but it was not locked. The property was fairly well maintained. Around 5:00 p.m., Leng and his wife arrived at the property in separate cars. The driveway gate was closed. Leng opened it, and they drove through to the house. A white Honda was parked near the shed. The shed’s large roll-up door was closed. However, a smaller shed door was open. The window had been pushed out and removed from that door, and placed on the ground.