P. v. Bey
Filed 6/19/07 P. v. Bey 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, Plaintiff and Respondent, v. ARTIS MALIK BEY, Defendant and Appellant. | F051242 (Super. Ct. No. F05909184-4) O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Robert H. Oliver, Judge.
Paul R. Kraus, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
On November 23, 2005, at approximately 3:30 a.m., Maria Martinez got up to use the restroom and heard dogs barking outside. After checking on her sisters children who were sleeping in another room, Martinez saw appellant, Artis Malik Bey, picking up a television set from a dresser. As Martinez dialed 9-1-1, Bey walked toward her, tripped and fell to the ground in the kitchen. Martinezs husband, Baudelio Villagrana, was awakened by the sound of Martinez crying, entered the kitchen to investigate and found Bey sitting on the floor. Bey then got up, walked past Villagrana and lay down on a couch. Bey was arrested after sheriff deputies arrived at the house and found him sleeping on the couch. The officers did not attempt to interview Bey because he was too inebriated.
Following a preliminary hearing, on March 27, 2006, the district attorney filed a one-count information charging Bey with first degree burglary.
On June 30, 2006, the jury convicted Bey of first degree burglary (Pen. Code, 459/460, subd. (a)).
On July 28, 2006, the court suspended imposition of sentence and placed Bey on felony probation for three years on condition that he serve 360 days in local custody with any unserved portion being stayed once Bey was enrolled in a one-year inpatient alcohol program. The court also imposed a restitution fine and a parole revocation fine in the amount of $400 each.
Beys 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.) Bey 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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Analysis and review provided by Vista Property line attorney.
* Before Harris, Acting P.J.; Wiseman, J.; and Levy, J.
