People v. Filares CA4/1

Filed 5/9/23 P. v. Filares CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081265

Plaintiff and Respondent,

v. (Super. Ct. No. SCD294600)

GUSTAVO FILARES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, David M. Rubin, Judge. Affirmed. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

A jury convicted Gustavo Filares of burglary (Pen. Code,1 § 459; Count 1) and petty theft (§ 484; Count 2). The court denied probation and sentenced Filares to the middle term of four years for burglary. The court

1 All further statutory references are to the Penal Code.

imposed various fines and fees but then stayed them because Filares lacked the ability to pay them. Filares filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered Filares the opportunity to file his own brief on appeal, but he has not responded.

STATEMENT OF FACTS2 Counsel has provided an accurate summary of the facts of the offenses in this case. We will adopt that summary for convenience. A. The Prosecution Evidence 1. Count 2: Petty Theft Adam H. lived on West Montecito Way in Mission Hills. His residence was equipped with ring cameras. One of the cameras was located at the top of the driveway next to the garage. It recorded activity on the driveway and sidewalk. The recordings contain date and time stamps. On May 11, 2022, Adam viewed the recordings from his ring cameras at the request of a police officer. Exhibit 13 was a video from the ring camera looking through the back gate towards the garage. It showed someone looking through children’s gear on the ground at around 12:58 p.m. Adam did not give permission for anyone to take the baseball bag shown in Exhibit 13. Adam could not identify the person in the video. A police officer returned the baseball bag to Adam later