People v. Morales CA5

Filed 5/5/21 P. v. Morales 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F080126 Plaintiff and Respondent, (Kern Super. Ct. No. BF175579A) v.

VALENTE CAMPOS MORALES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Stephen D. Schuett, Judge. Matthew J. Watts, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P.J., Meehan, J. and De Santos, J.

INTRODUCTION Appellant and defendant Valente Campos Morales was convicted of attempted burglary (Pen. Code, §§ 664/460, subd. (a))1 and sentenced to three years in prison. On appeal, his appellate counsel has filed a brief that 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 Around 4:00 p.m. on January 29, 2019, Erika Lopez was at Sandra Rodriguez’s apartment, and they were taking care of their children. Ms. Lopez was sitting in the living room and caring for her child, when she heard a “fidgety” sound outside the window. The blinds were completely closed over that window. Ms. Lopez testified she moved aside the blinds and saw defendant standing outside. He was “messing” with the bottom corner of the window screen, and moving it up and down “to where I thought he was trying to get in.” Defendant was wearing a red- checkered shirt, had latex gloves on both hands, and was using an object that appeared to be a key chain or can opener to move the screen up and down. Ms. Lopez testified defendant looked “shocked” when she moved the blinds and looked at him through the window. Ms. Lopez called Ms. Rodriguez, who had not been in the room, and told her that someone was at the window trying to get in. Ms. Rodriguez immediately opened the front door and saw defendant standing between the door and the window. She confronted defendant and asked what he was looking for. Defendant said he was looking for “George,” referring to Ms. Rodriguez’s brother. Defendant said he needed to talk to George, and George was the only one that could help him for what he was going through.