People v. Norphard CA2/5

I. INTRODUCTION

A jury convicted defendant, Herman Larelle Norphard, of first degree burglary in violation of Penal Code1 section 459. The jury found defendant had sustained three prior violent felony convictions. (§§ 667, subds. (b)-(i), 1170.12.) The trial court struck two of the prior violent felony conviction allegations. Defendant received a 17-year sentence. We modify the oral pronouncement of judgment as to court facilities and operations assessments. (Gov. Code, § 70373, subd. (a)(1); § 1465.8, subd. (a)(1).) We direct the trial court, upon remittitur issuance, to conduct an ability to pay hearing as to the local crime prevention programs fine (§ 1202.5, subd. (a)) together with the penalty assessments. We affirm the judgment in all other respects.

II. DISCUSSION

We appointed counsel to represent defendant on this appeal. After examining the record, appointed appellate counsel filed an “Opening Brief” in which no issues were raised. Instead, appointed appellate counsel requested that this court independently review the entire record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441-442. (See Smith v. Robbins (2000) 528 U.S. 259, 278-284.) On January 28,…