People v. Brewer CA5

INTRODUCTION

After a jury trial, appellant/defendant Vincent Duray Brewer was convicted as charged of second degree burglary (Pen. Code, § 460, subd. (b)),1 and admitted he had two prior strike convictions (§ 667, subds. (b)–(i)) and three prior prison term enhancements (§ 667.5, subd. (b)). He was sentenced to the upper term of three years, doubled to six years as the second strike sentence, plus one year for the enhancement. The court ordered the remaining enhancements stricken. On appeal, his appellate counsel has filed a brief which 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 (Wende).) We affirm.

FACTS

On or about April 20, 2012, Sokha Leng purchased a residence on South Minnewawa, in a rural area of Fresno County, in a foreclosure sale.2 The house was on a three-acre parcel that was reached through a driveway gate off the main road. As of May 2, 2012, the Lengs had not moved into the house, and they were not living there, but the “For Sale” sign had been removed. There was a large shed adjacent to the house, and Leng stored a Mercedes and some other…