Filed 7/13/21 P. v. Pierce CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE,

 Plaintiff and Respondent,

v.

AARON JAMES PIERCE,

 Defendant and Appellant.

2d Crim. No. B309109

(Super. Ct. No. 2020020058)

(Ventura County)

Aaron James Pierce appeals from the judgment entered 

after his guilty plea to felony grand theft (count 1 – Pen. Code, 

§ 487, subd. (a)).

1 The People dismissed a charge of second 

degree commercial burglary (count 2 – §§ 459, 460). Appellant 

took a bag containing $12,000 in cash from the office of an ice 

cream store. 

In the Felony Disposition Statement, appellant initialed a 

provision stating that he “could be sentenced to county jail . . . for 

a maximum of 3 year(s).” Appellant initialed another provision 

1 All statutory references are to the Penal Code.
2

in which he agreed to “give up [his] right to appeal in this case.” 

The prosecutor recommended that appellant be sentenced to “16 

months felony jail to be served straight.” The trial court denied 

probation and sentenced appellant to the low term of 16 months 

in county jail. 

We appointed counsel to represent appellant. Counsel filed 

an opening brief raising no issues and requesting that we 

independently review the record pursuant to People v. Wende

(1979) 25 Cal.3d 436. Counsel alleged that, after serving his 

sentence, appellant was released from jail on March 15, 2021. 

Counsel was unable to send him the record on appeal or a copy of 

counsel’s opening brief because appellant’s current address is 

unknown. Counsel stated: “Appellant has long been 

homeless . . . . He is not under any kind of post-release 

supervision, and does not have either a probation or parole 

officer. He did not provide the court, the jail, or trial counsel with 

an address where mail could be sent to him.” Prior to appellant’s 

release from jail, counsel discussed the appeal with him “and 

informed him that a Wende brief would be filed.” 

On April 8, 2021, we sent a letter to appellant at an 

address listed in the probation report: 410 Alturas Street, 

Oxnard, CA 93035. We advised him that he had 30 days to 

personally submit by brief or letter any issues that he wishes this 

court to consider. On April 20, 2021, the unopened letter was 

returned to us. The envelope bore the following message from 

the post office:

RETURN TO SENDER

NO MAIL RECEPTACLE

UNABLE TO FORWARD

After examination of the entire record, we are satisfied that 

counsel has complied with his responsibilities and that no 
3

arguable issues exist. (People v. Wende, supra, 25 Cal.3d at pp. 

441-443.) 

Disposition

The judgment is affirmed.

NOT TO BE PUBLISHED.

YEGAN, J.

We concur:

GILBERT, P. J.

PERREN, J.
David Hirsch, Judge

Superior Court County of Ventura

______________________________

Richard B. Lennon, under appointment by the Court of 

Appeal, for Defendant and Appellant.

No appearance for Respondent.