People v. Mora CA5

Filed 10/6/15 P. v. Mora 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069192 Plaintiff and Respondent, (Super. Ct. No. VCF282556) v.

JOSE RUBEN MORA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Gary L. Paden, Judge. Eleanor M. Kraft, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Detjen, J. and Franson, J.

A jury found Jose Ruben Mora guilty of residential burglary. Mora was sentenced to 13 years in prison as the result of two enhancements found true by the trial court in a bifurcated proceeding. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 asserting that after reviewing the record, she could not identify any arguable issues in this case. By letter dated September 3, 2014, we invited Mora to present any issues he wished us to consider. Mora did not respond to our invitation. After thorough review of the record, we agree with appellate counsel that there are no arguable issues in this case and therefore we affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY The sole count in the information charged Mora with residential burglary. (Pen. Code, § 459.)1 The information also alleged as enhancements that Mora had suffered (1) a prior conviction that constituted a strike within the meaning of section 667, subdivisions (b) through (i), and (2) a prior serious felony conviction within the meaning of section 667, subdivision (a)(1). The prosecution’s case consisted of four witnesses. The victim, Amelia Agtang, met Mora through a friend, with the ultimate goal being to enter into a dating relationship. The relationship did not progress, in part because Agtang became uncomfortable with Mora’s behavior. When Agtang told Mora she no longer wished to see him, he became upset. Approximately two weeks later, someone broke into her home and stole a television, a game console, and some jewelry. Agtang estimated the total loss at $1,250. Lorenzo is Mora’s nephew. On the night of the burglary, Mora asked Lorenzo to go for a walk with him. Eventually, Mora told Lorenzo they were going to pick up some items from Mora’s girlfriend’s house. Lorenzo waited on the sidewalk while Mora