People v. Sorrell CA2/5

Filed 6/8/15 P. v. Sorrell CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B261030

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA427093) v.

DURAND SORRELL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of the County of Los Angeles, Jose I. Sandoval, Judge. Affirmed. Stephanie L. Gunther, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

INTRODUCTION Defendant and appellant Durand Sorrell (defendant) appealed from the judgment of conviction. On appeal, appointed counsel for defendant filed an opening brief in accordance with People v. Wende (1979) 25 Cal.3d 436 requesting that this court conduct an independent review of the record to determine if there are any issues which if resolved in defendant’s favor would require reversal or modification of the judgment or appealable order. On April 8, 2015, we gave notice to defendant that his counsel had failed to find any arguable issues and that defendant had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments he wished this court to consider. Defendant did not file a response brief or letter. After independently reviewing the record, we affirm the judgment.

BACKGROUND

A. Factual Background Frederic Berger left his home for the evening. Before he left the house, he locked the front door and set the security alarm. Later that evening he received a telephone call from the alarm company advising him that the alarm to his house “was going off.” About three to five minutes later, Berger arrived at his house and saw his neighbor, Leslie Walling, at the end of his driveway, and defendant coming out of the house carrying “as much stuff as [he] could carry.” Walling also saw defendant coming out of the house carrying several large bags. Berger approached defendant and asked him why he was taking Berger’s property. Defendant responded by stating that he was homeless and just needed clothing. Defendant said that someone else kicked down the door, but admitted that he entered the house. Berger looked into defendant’s shopping cart that was located near the house, and found his wife’s purse which contained IPads, computers and jewelry. Defendant admitted to Berger that he took those items as well.