P. v. Davies











Filed 3/24/17 P. v. Davies CA3







NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(San Joaquin)
----


THE PEOPLE,

Plaintiff and Respondent,

v.

AARON ANTHONY DAVIES,

Defendant and Appellant.



C082234

(Super. Ct. No. MF039341A/ MAN-CR-FECOD-2015-0002472)




Appointed counsel for defendant Aaron Anthony Davies asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.
I
Because defendant pleaded no contest, the facts are taken from the preliminary hearing. The parties stipulated that the testimony at the preliminary hearing provided the factual basis for defendant’s plea.
Donna Payne heard noises in her garage and saw two men near her driveway. One of the men was riding a bike with a trailer attached to it. Donna became suspicious after she saw one of the men looking at her garage door. She told her husband Richard that there were two men in their driveway and that she believed they had been in the garage. After inspecting the garage and finding that cupboards had been opened, Richard called 911.
A responding police officer located two men that matched the description provided by Richard. One of the men was defendant and the other was James Knight. After the men indicated they were on probation, the officer conducted a search and found an air impact wrench and two pellet guns inside the bike trailer that Richard claimed were missing from his garage. The officer also found hash in defendant’s pocket. During a field show-up, Donna identified defendant and Knight as the individuals she saw outside her residence.
Knight told police during an interview that he saw defendant carrying the air impact wrench and the two pellet guns. But at the preliminary hearing he testified he took the items from the garage. He claimed he lied to police because he was on drugs.
Pursuant to a negotiated disposition, defendant pleaded no contest to first degree residential burglary (Pen. Code, § 459[1] -- count one; see also §§ 1192.7, subd. (c), 667.5, subd. (c)) and admitted a prior strike conviction and a prior prison term (§§ 1170.12, subd. (b), 667, subds. (a) and (d)). The trial court sentenced him to 17 years in prison and ordered him to pay various fines and fees. Defendant obtained certificates of probable cause.
II
Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing the opening brief. More than 30 days elapsed and we received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.



/S/
MAURO, J.



We concur:



/S/
NICHOLSON, Acting P. J.



/S/
HOCH, J.




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[1] Undesignated statutory references are to the Penal Code.