Filed 9/25/18 P. v. DeLeon CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIRST APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. KELMAN GARCIA DeLEON, Defendant and Appellant. |
A153190
(Sonoma County Super. Ct. No. SCR7081201)
|
Kelman Garcia DeLeon (defendant) appeals from a judgment entered after he pleaded no contest to committing a hit and run with injury (Veh. Code, § 20001, subd. (a)) and the trial court placed him on probation for three years. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 and requests that we conduct an independent review of the record. Defendant was informed of his right to file a supplemental brief and did not do so. Having independently reviewed the record, we conclude there are no issues that require further briefing, and affirm the judgment.
Factual and Procedural Background
On September 11, 2017, a felony complaint was filed charging defendant with committing a hit and run with injury (Veh. Code, § 20001, subd. (a).) According to the presentence report, defendant was driving a vehicle when he struck a bicyclist, causing injuries. Defendant left the scene but was arrested after a citizen reported seeing the vehicle. During a police interview, defendant admitted he was the driver involved in the accident and that he fled the scene.
Defendant entered a no contest plea on the condition that he would be placed on three years of probation, with “jail [time] to be determined by the court[.]” The plea included a Boykin-Tahl waiver (Boykin v. Alabama (1969) 395 U.S. 238; In re Tahl (1969) 1 Cal.3d 122), i.e., a waiver of the right to a jury trial, the right to confront witnesses, and the right against self-incrimination. Defense counsel stipulated there was a factual basis for the plea.
At sentencing, defendant entered an Arbuckle waiver (People v. Arbuckle (1978) 22 Cal.3d 749 [waiver of the right to have the same judge who took the plea impose the sentence]), and the trial court placed defendant on three years of probation with various conditions, including that he serve six months in county jail. The court deemed defendant ineligible for “alternatives” such as work furlough. The court reserved victim restitution, imposed various fines and fees, and awarded defendant one day of custody credit.
Discussion
Defendant’s counsel has filed a brief pursuant to People v. Wende, supra, 25 Cal.3d 436, and asks this court to independently review the entire record to determine if it contains any issues which would, if resolved favorably to defendant, result in reversal or modification. We have examined the entire record and have found no reasonably arguable appellate issue, and we are satisfied that counsel has fully complied with his responsibilities. (People v. Kelly (2006) 40 Cal.4th 106, 109–110; People v. Wende, supra, 25 Cal.3d at p. 441.)
Disposition
The judgment is affirmed.
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Jenkins, J.
We concur:
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Siggins, P. J.
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Pollak, J.
A153190/People v. Kelman Garcia DeLeon
