P. v. Boyer

Filed 2/14/07  P. v. Boyer CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

          APPEAL from a judgment of the Superior Court of Los Angeles County, Richard R. Romero, Judge.  Affirmed.

          Jonathan B. Steiner and Richard L. Fitzer, under appointments by the Court of Appeal, for Defendant and Appellant.

          No appearance for Plaintiff and Respondent.

          John Theodore Boyer appeals from judgment entered following a court trial in which he was convicted of indecent exposure (Pen. Code, §  314, subd.  (1)) and his admission that he had previously been convicted of the same crime, causing the present offense to be a felony.  He was sentenced to prison for the middle term of two years.[1]

After review of the record, appellant's court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.

          On November 8, 2006, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider.  No response has been received to date. 

          We have examined the entire record and are satisfied that no arguable issues exist and that appellant has, by virtue of counsel's compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case.  (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)

DISPOSITION

          The judgment is affirmed.

          NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

                                                                   EPSTEIN, P. J.

          We concur:

          WILLHITE, J.

          SUZUKAWA, J.

Publication Courtesy of California free legal resources.

Analysis and review provided by Spring Valley Property line Lawyers.

[1]           The record established that on December 12, 2005, appellant approached Twanda Glenn at a carwash in Long Beach and asked for directions.  Thereafter, he returned to his van, which was parked next to her car.  The sliding door to the van was open, and Ms. Glenn saw appellant on his knees and facing her.  Appellant was â€