People v. Simms CA5

INTRODUCTION

Appellant and defendant Malik Montel Simms (appellant) pleaded no contest to charges in two cases and entered waivers pursuant to People v. Cruz (1988) 44 Cal.3d 1247.1 He failed to appear for sentencing in both cases and bench warrants were issued. When he was returned to custody and sentenced, the court imposed an aggregate term of 11 years for the two cases. On appeal, appellate counsel has filed a brief that 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.) Appellant filed a letter brief. We will review his contentions and affirm.

PROCEDURAL BACKGROUND

Case No. RF009030A On July 26, 2022, a complaint was filed in the Superior Court of Kern County in case No. RF009030A charging appellant with count 1, second degree robbery of Jane Doe on or about December 2, 2021, (Pen. Code,2 § 212.5, subd. (c)); count 2, infliction of corporal injury resulting in a traumatic condition upon Jane Doe, with whom he was in a dating relationship, on or about December 2, 2021, (§ 273.5, subd. (a)); and count 3, misdemeanor resisting a peace officer and/or an emergency…