P. v. Smith
The Los Angeles District Attorney charged Ledale A. Smith (appellant) in an amended information with second degree burglary of a Los Angeles County Metropolitan Transportation Authority (MTA) bus (count 1, Pen. Code 459) and with petty theft with a prior (count 2, 666). The information also alleged that appellant had previously been convicted of a serious or violent felony within the meaning of the Three Strikes Law ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and that he had suffered a prior conviction pursuant to section 667.5, subdivision (b).
Appellant testified at his trial. He testified that while waiting to catch the metro at the Vermont station, he saw a black male riding a bicycle away from the direction of the Rosa Parks station. Appellant testified that the person on the bicycle was wearing a sports jacket and wearing a baseball cap, which matched the description of the suspect. Appellant said the man stopped by some bushes across the street, reached into the bushes with his arm and sped away. Appellant then looked into the bushes and found a key, a cell phone and a booklet of bus passes. After finding the items, appellant boarded the train and got off at Imperial station where he was planning to turn the items over to the police. Appellants remaining arguments represent his dissatisfaction with the result of the trial and raise no recognizable claim of error. Court have examined the entire record and are satisfied that appellants attorney has fully complied with the responsibilities of counsel and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284; People v. Wende (1979) 25 Cal.3d 436, 441.) The judgment is affirmed.
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