People v. Miranda CA2/5

Good Law
Court of Appeal of CaliforniaAugust 14, 2014B250070California1,103 words

Opinion

Opinion

I. INTRODUCTION

A jury convicted defendant, Luciano Abraham Miranda, of first degree burglary in

violation of Penal Code section 459.1 (Super. Ct., L.A. County, 2013, No. SA083144.) First degree burglary is a serious felony. (§ 1192.7, subd. (c)(18); People v. Lara (2012) 54 Cal.4th 896, 906.) Defendant was also found in violation of his probation for grand theft of an automobile. (Super. Ct., L.A. County, 2012, No. BA398422.) Defendant was sentenced to four years, eight months in state prison. We appointed counsel to represent defendant on appeal. After examination of the record, appointed appellate counsel filed a brief in which no issues were raised. Instead, appointed appellate counsel asked us to 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, 264.) On February 14, 2014, we advised defendant he had 30 days within which to submit by brief or letter any contentions or argument he wished us to consider. No response has been received. We requested supplemental briefing on certain sentence-related issues. We modify the judgment and affirm as modified.

II. DISCUSSION

First, in…

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