THE PEOPLE v. STARMIKA LAJARVIS KIZZEE (2010)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Starmika LaJarvis Kizzee appeals from the judgment entered following a jury trial in which she was convicted of the crime of false personation (Pen.Code, § 529) and her admission that she suffered a prior conviction of a serious or violent felony within the meaning of the “Three Strikes” law (Pen.Code, §§ 1170.12, subds.(a)-(d);  667, subds. (b)-(i)).   She was sentenced to prison for the middle term of two years, doubled by reason of her prior strike conviction to four years.

Appellant's Pitchess ¹ motion for pretrial discovery was denied as was her Marsden ² motion.

The evidence at trial established that on January 16, 2009, Los Angeles County Deputy Sheriff David Moreno was checking fares on a Metrolink train in the City of Pomona and asked appellant for her train fare.   Appellant provided him with a discounted train pass that was for seniors and persons with disabilities.   Noticing appellant was not 65 years old, he asked her if she had proof of disability.   She did not.   Deputy Moreno then asked appellant for an identification card and when she was unable to provide one, he asked her for her name and date of birth.   Appellant stated her name was “Tamika Upshaw” and her birth date was August 13, 1988.   Deputy Moreno commenced writing a citation for a fare infraction, using the information provided by appellant.   The deputy asked appellant to check the citation for any needed corrections and to let him know if any errors had been made.   Thereafter, appellant signed “Tamika Upshaw.”   Because Deputy Moreno was required to have some form of picture identification before he could release appellant, he used a portable fingerprint device to positively identify appellant.   Using the device, he obtained a picture of appellant and learned her true name was Starmika LaJarvis Kizzee.   He then arrested her for false personation.   Because appellant believed there was an arrest warrant for prostitution in her name, she used the name of her “sister.” ³  A person receiving a citation for a fare infraction is potentially subject to a fine.   Additionally, that person's driver's license might be suspended or not renewed.

Appellant testified she signed the ticket with the name Tamika Upshaw when the officer already knew her real name and that she signed it as she did because she was nervous.

Following appellant's conviction, her Romero ⁴ motion, to strike a strike, was denied.

After review of the record, appellant's court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.

On October 28, 2009, we advised appellant that she had 30 days within which to personally submit any contentions or issues which she wished us to consider.   No response has been received to date.

We have examined the entire record and are satisfied that no arguable issues exist, and that appellant has, by virtue of counsel's compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against her in this case.   (Smith v. Robbins (2000) 528 U.S. 259, 278;  People v. Kelly (2006) 40 Cal.4th 106, 112-113.)

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

We concur:

FOOTNOTES

FN1. Pitchess v. Superior Court (1974) 11 Cal.3d 531..  FN1. Pitchess v. Superior Court (1974) 11 Cal.3d 531.

FN2. People v. Marsden (1970) 2 Cal.3d 118..  FN2. People v. Marsden (1970) 2 Cal.3d 118.

FN3. Ms. Upshaw testified appellant is her aunt..  FN3. Ms. Upshaw testified appellant is her aunt.

FN4. People v. Superior Court (Romero) (1996) 13 Cal.4th 497..  FN4. People v. Superior Court (Romero) (1996) 13 Cal.4th 497.

WILLHITE, J. MANELLA, J.