People v. Omeara CA4/2

BACKGROUND

In bifurcated proceedings, a jury convicted defendant of first degree burglary in

violation of Penal Code section 4591 and the trial court found true three aggravating

factors.2 Defendant admitted a strike prior (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-

(i)) and a prior serious felony enhancement (§ 667, subd. (a)(1)).

The trial court sentenced defendant to a total prison term of 17 years, consisting of

the upper term of six years, doubled on account of the strike, and five years for the prior

serious felony enhancement. Defendant noticed this appeal and we appointed counsel to

represent him.

DISCUSSION

On appeal, defendant’s appointed appellate counsel filed an opening brief that sets

forth statements of the case and facts but does not present any issues for adjudication.

The brief includes a request for independent review of the record by this court in keeping

with the procedures set forth in People v. Wende (1979) 25 Cal.3d 436 and Anders v.

California (1967) 386 U.S. 738 and listed four Anders issues: (i) whether defendant's

1 All further statutory references are to the Penal Code.

2 The factors were (i) that the burglary was carried out…