People v. Parigi CA2/6 ( 2022 )


Menu:
  • Filed 8/29/22 P. v. Parigi 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    NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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    has not been certified for publication or ordered published for purposes of rule 8.1115.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,                                                   2d Crim. No. B316308
    (Super. Ct. No. 17F-02172)
    Plaintiff and Respondent,                              (San Luis Obispo County)
    v.
    MEGAN NICOLE PARIGI,
    Defendant and Appellant.
    Megan Nicole Parigi was originally charged with second
    degree burglary. (Pen. Code, §§ 459, 460, subd. (b).) The original
    preliminary hearing was continued. Prior to the continued
    preliminary hearing, the People filed an amended complaint
    alleging first degree burglary. Parigi pled guilty to first degree
    burglary. The trial court sentenced her to the lower term of two
    years.
    According to the probation report Parigi was discovered
    inside the victim’s garage in the early morning hours of February
    22, 2017. When the victim confronted her, she fled. The police
    found her at a nearby convenience store. She told the police that
    she needed to take a stereo found on the victim’s driveway
    because it had psychotic powers and she needed it as evidence.
    She also told the police that she needed to remove a tarp from the
    victim’s car because she needed it to keep warm.
    Parigi petitioned in propria persona for a writ of coram
    nobis to set aside her plea. To the extent her petition can be
    understood, she appears to contend the amendment to the
    complaint was improper; her actions did not arise to first degree
    residential burglary; and the People’s use of the probation report
    as inculpatory evidence violated her constitutional rights. The
    trial court denied the petition.
    Parigi appeals. We appointed counsel on appeal. Counsel
    filed a brief raising no issues. (People v. Serrano (2012) 
    211 Cal.App.4th 496
    .)
    Parigi filed a supplemental brief apparently raising the
    same issues as her petition. The brief has no merit. She cited no
    authority that the amendment to the complaint was improper.
    She claims she did not commit residential burglary because the
    house and the garage do not have a continuous foundation. She
    cites no authority that a continuous foundation is necessary. The
    house and garage are connected by a continuous roof. Finally,
    her contention that the probation report cannot be used as
    inculpatory evidence is without merit. She pled; no evidence was
    necessary.
    Parigi’s motions of July 26 and 27, 2022, to augment the
    record and take additional evidence on appeal are denied.
    2
    The appeal is dismissed. (People v. Serrano, supra, 211
    Cal.App.4th at pp. 503-504.)
    NOT TO BE PUBLISHED.
    GILBERT, P. J.
    We concur:
    YEGAN, J.
    PERREN, J.*
    *Retired Associate Justice of the Court of Appeal, Second
    Appellate District, assigned by the Chief Justice pursuant to
    article VI, section 6 of the California Constitution.
    3
    Jacquelyn H. Duffy, Judge
    Superior Court County of San Luis Obispo
    ______________________________
    Wayne C. Tobin, under appointment by the Court of
    Appeal, for Defendant and Appellant.
    No appearance for Plaintiff and Respondent.
    4
    

Document Info

Docket Number: B316308

Filed Date: 8/29/2022

Precedential Status: Non-Precedential

Modified Date: 8/29/2022