P. v. Franklin

Filed 6/8/07 P. v. Franklin CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Kings County. James LaPorte, Judge.

Eric Weaver, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.

-ooOoo-

On July 6, 2004, appellant, Edwin Vernal Franklin, threw himself against the door to his jail cell causing the latch to come out of the wall and the door to open. The county initially invested $169 to repair the door but eventually had to replace it at a cost of $2,359. On October 1, 2004, Franklin was convicted of felony willful and intentional damage to jail property in excess of $400 (Pen. Code, 4600, subd. (a)). On November 8, 2004, the court sentenced Franklin to 25 years to life.

Following a timely appeal, on May 5, 2006, in an unpublished opinion, this court found that Franklin caused only some of the $169 in damage to the jail door, reduced his conviction to a misdemeanor, and remanded the matter to the trial court for resentencing.

At a hearing on July 6, 2006, where Franklin represented himself, the trial court advised him that it had not received the remittitur relating to the above decision. Additionally the prosecutor advised the court that it had prepared a petition for commitment pursuant to Welfare and Institutions Code section 6602 and asked the court to set a probable cause hearing. The court continued the matter to the following day.

On July 7, 2006, the court noted that it had been disqualified in the instant case and after some discussion sent the parties to Department 4.

At Department 4 the court again continued the matter to give it time to receive the remittitur from this court.

On July 24, 2006, the court sentenced Franklin to 180 days with credit for time served of 621 actual days.

Franklins appellate counsel has filed a brief which 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.) Franklin has not responded to this courts invitation to submit additional briefing.

Following independent review of the record we find that no reasonably arguable factual or legal issues exist.

The judgment is affirmed.

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^* Before Harris, Acting P.J., Wiseman, J. and Gomes, J.