People v. Scott CA2/2

Filed 12/17/20 P. v. Scott CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B299549

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA104435) v.

LEE MICHAEL SCOTT,

Defendant and Appellant.

THE COURT:

Defendant and appellant Lee Michael Scott (defendant) appeals his conviction of first degree burglary. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. On August 17, 2020, we notified defendant of his counsel’s brief and gave him leave to file, within 30 days, his own brief or letter stating any grounds or argument he might wish to have considered. That time has elapsed, and defendant has submitted no brief or letter. We have reviewed the

entire record, and finding no arguable issues, affirm the judgment. Defendant was charged in a one-count information with first degree burglary in violation of Penal Code section 459. He was convicted as charged, and on June 26, 2019, the trial court sentenced him to the middle term of four years in prison. (See Pen. Code, § 461, subd. (a).) Minimum fines and fees were imposed,1 and presentence custody credit was calculated as 537 days, which included 269 days of actual time. A restitution hearing was scheduled for the following month but taken off calendar at the People’s request. Defendant filed a timely notice of appeal from the judgment. In 2018, Ike Shamieh (Shamieh) had lived in his rural canyon neighborhood for 17 years. Defendant’s family lived in the next house over with an empty lot between them. During much of the summer of 2018, defendant stayed at his family home. Shamieh had two unpleasant encounters with defendant when defendant parked on Shamieh’s property. The most recent was in July 2018, when defendant gave Shamieh the middle finger after Shamieh told defendant he could not park there. Shamieh was away from his home for about a week beginning July 25, 2018. When he returned home on Thursday August 2, the front door was wide open. The interior of the house had been vandalized, ransacked, flooded and nearly destroyed. Prescription medication, jewelry and money had been taken. There was blood on door handles, door jams, and towels. Shamieh found shoes in the driveway, and in the house he found