People v. Fernandez CA4/3

Filed 4/22/16 P. v. Fernandez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 The opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G052712

v. (Super. Ct. No. 15CF1031)

JORGE FIDEL FERNANDEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, John S. Adams, Judge. Affirmed. Erica Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

A jury convicted Jorge Fidel Fernandez of misdemeanor indecent exposure (Pen. Code, § 314, subd. (1)). Fernandez appealed, and his appointed counsel filed a brief under the procedures outlined in People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel summarized the facts and procedural history of the case, but raised no specific issues, and asked this court to review the record to determine whether there were any arguable matters. Counsel submitted a declaration stating she thoroughly reviewed the record. Counsel advised Fernandez she would file a Wende brief, and provided a copy of the brief to him. She also advised Fernandez he could personally file a supplemental brief on his own behalf raising any issues he believed worthy of consideration, and she sent him a copy of the appellate record. She also informed Fernandez he could ask the court to relieve her as counsel. We gave Fernandez 30 days to file a supplemental brief, but he has not responded. We have reviewed the record, found no arguable issues, and therefore affirm the judgment.

FACTS AND PROCEDURAL HISTORY In June 2015, the Orange County District Attorney filed an information alleging Fernandez committed the felony offenses of resisting an executive officer by force or violence (Pen. Code, § 69 [counts 1 & 2]; all statutory references are the Penal Code), misdemeanor indecent exposure (§ 314, subd. (1) [count 3]), and misdemeanor false representation to a peace officer (§ 148.9, subd. (a)). It also alleged Fernandez had suffered three prior convictions within the meaning of section 667.5, subdivision (b). At Fernandez’s trial, Jovita Lopez testified she was walking her six-year- old grandson to his Santa Ana school on the morning of May 13, 2015. She saw Fernandez across the street from the school, walking and grabbing his pants up and down with one hand while waving or beckoning in the direction of the school with the other