Filed 6/10/21 P. v. Hines CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication 

or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

ROSHAUN DONTES HINES,

Defendant and Appellant.

F080780

(Fresno Super. Ct. No. F15904809)

OPINION

THE COURT*

APPEAL from a judgment of the Superior Court of Fresno County. Don Penner, 

Jonathan M. Skiles, Jonathan B. Conklin, and Kristi Culver Kapetan, Judges.

†

Gordon B. Scott, under appointment by the Court of Appeal, for Defendant and 

Appellant.

Office of the Attorney General, Sacramento, California, for Plaintiff and 

Respondent.

-ooOoo-

* Before Hill, P.J., Levy, J. and Detjen, J.

†

Judge Penner presided over the Penal Code section 1368 proceedings; Judge 

Skiles presided over the Penal Code section 1370 proceedings; Judge Conklin presided 

over the Penal Code section 1372 proceedings; and Judge Kapetan presided over the jury 

trial, motion to withdraw plea and sentencing hearings.
2.

INTRODUCTION

Appellant and defendant Roshaun Dontes Hines pleaded no contest to first degree 

burglary and was sentenced to the indicated term of four years in prison. On appeal, his 

appellate counsel has filed a brief that 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.

FACTS1

At approximately 3:58 a.m. on August 3, 2015, officers from the Fresno Police 

Department responded to a residence on a dispatch about a burglary in process. They met 

with G.A., who said he was visiting his friend, C.C., at the house, and they had been 

asleep. G.A. said he woke up because he heard a loud bang coming from the garage and 

realized someone was trying to get into the house through the door leading from the 

garage to the house.

G.A. said he got out of bed and woke up C.C. C.C. told G.A. to call 911 and look 

outside, while C.C. got dressed and loaded his rifle. G.A. called 911 and looked through 

the kitchen window. He saw a man, later identified as defendant, crawl out of a broken 

garage window. Defendant turned toward the house, and G.A. saw his face. Defendant 

fled the area.

The officers found pry marks on the frame of the door leading from the garage to 

the house, and a shovel with wood and paint on it.

The officers located defendant in an area three houses away. After being advised 

of the warnings pursuant to Miranda v. Arizona (1966) 384 U.S. 436, defendant admitted 

he climbed over a wall to get onto C.C.’s property and entered the garage through an 

open door. He used the shovel to try to open the door from the garage into the house but 

1 The facts are from the police reports, as summarized in the probation report.
3.

heard noise inside the house. He used the shovel and broke the garage window to escape. 

G.A. identified defendant during an infield lineup.

PROCEDURAL BACKGROUND

On July 6, 2016, an information was filed in the Superior Court of Fresno County 

charging defendant with count 1, first degree burglary (Pen. Code, §§ 459, 460, 

subd. (a)),2 with the special allegation that someone other than an accomplice was in the 

residence (§ 667.5, subd. (c)(21)), and three prior prison term enhancements (§ 667.5, 

subd. (b)).

On June 21, 2018, the court declared a doubt about defendant’s competency 

pursuant to section 1368, appointed an expert to examine defendant, and suspended 

criminal proceedings.

On July 19, 2018, the court reviewed the report and found defendant was 

incompetent to stand trial, and criminal proceedings remained suspended. On August 16, 

2018, defendant was committed to the Department of State Hospitals for restoration of 

competency.

On January 24, 2019, the court reviewed the report from Atascadero State Hospital 

and found defendant had been restored to competency, and criminal proceedings were 

reinstated.

On December 16, 2019, defendant pleaded no contest to first degree burglary for 

an indicated term of four years. The court dismissed the special allegation and the 

enhancements.

On January 15, 2020, the court sentenced defendant to the midterm of four years 

in prison. It imposed a restitution fine of $1,200 (§ 1202.4, subd. (b)), suspended the 

parole revocation fine in the same amount (§ 1202.45); and also imposed a court 

2 All further statutory references are to the Penal Code unless otherwise stated.
4.

operations fee of $40 (§ 1465.8) and a criminal conviction fee of $30 (Gov. Code, 

§ 70373). Defendant did not object.

On January 27 and February 10, 2020, defendant filed notices of appeal, but did 

not request a certificate of probable cause.

DISCUSSION

As noted above, defendant’s counsel has filed a Wende brief with this court. The 

brief also includes the declaration of appellate counsel indicating that defendant was 

advised he could file his own brief with this court. By letter on October 28, 2020, we 

invited defendant to submit additional briefing. To date, he has not done so.

After independent review of the record, we find that no reasonably arguable 

factual or legal issues exist.

DISPOSITION

The judgment is affirmed.