People v. Sorrell CA2/5

INTRODUCTION

Defendant and appellant Durand Sorrell (defendant) appealed from the judgment of conviction. On appeal, appointed counsel for defendant filed an opening brief in accordance with People v. Wende (1979) 25 Cal.3d 436 requesting that this court conduct an independent review of the record to determine if there are any issues which if resolved in defendant’s favor would require reversal or modification of the judgment or appealable order. On April 8, 2015, we gave notice to defendant that his counsel had failed to find any arguable issues and that defendant had 30 days within which to submit by brief or letter any grounds of appeal, contentions, or arguments he wished this court to consider. Defendant did not file a response brief or letter. After independently reviewing the record, we affirm the judgment.

BACKGROUND

A. Factual Background Frederic Berger left his home for the evening. Before he left the house, he locked the front door and set the security alarm. Later that evening he received a telephone call from the alarm company advising him that the alarm to his house “was going off.” About three to five minutes later, Berger arrived at his house and saw his…