P. v. Hernandez
Filed 9/4/07 P. v. Hernandez CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SIXTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. JOSE BARAJAS HERNANDEZ, Defendant and Appellant. | H031113 (Santa Clara County Super. Ct. No. CC596809) |
On June 29, 2005, defendant was seen working on a 1986 Volkswagen Cabriolet that bore the license plate of a 1999 Toyota Corolla. Both the Volkswagen and the license plate had been stolen. A glass pipe was inside the Volkswagen. Defendant, who was under the influence of methamphetamine, told the police that he was on probation. He also told the police that he had used the pipe to smoke methamphetamine with a friend. Defendant said he thought the Volkswagen had been abandoned.
Defendant was charged by complaint with driving or taking a vehicle (Veh. Code, 10851, subd. (a)), receiving a stolen vehicle (Pen. Code, 496d), receiving a stolen license plate (Pen. Code, 496, subd. (a)), misdemeanor possession of an ounce or less of marijuana (Health & Saf. Code, 11357, subd. (b)), misdemeanor possession of controlled substance paraphernalia (Health & Saf. Code, 11364), and misdemeanor being under the influence of methamphetamine (Health & Saf. Code, 11550, subd. (a)).
Defendant pleaded no contest to the two receiving counts and the being under the influence count in exchange for dismissal of the other counts and an agreement that he would not be sent to state prison. In September 2005, he was placed on probation for three years, conditioned on service of a six-month jail term. In October 2006, a petition for modification of his probation was filed alleging that he had violated his probation by failing to report to his probation officer, committing additional narcotics and vehicle offenses, failing to provide proof of enrollment in a substance abuse program, and failing to fully pay all of his fines. After defendant failed to appear at a scheduled hearing, he was arrested on a bench warrant.
In November 2006, defendant agreed to admit the probation violations and waive his prior jail credits in exchange for reinstatement of his probation with a seven-month jail term. Defendant filed a timely notice of appeal challenging only his sentence. He did not obtain a certificate of probable cause.
Appointed appellate counsel has filed an opening brief which states the case and the facts, but raises no issues. Defendant was notified of his right to submit written argument on his own behalf, and he has submitted several letters. He proclaims his innocence and argues that he did not steal the car or the license plate, did not know that they were stolen, and did not violate his probation. Defendant also asserts that his trial counsel was prejudicially deficient in failing to inform him of the potential defenses to the charged offenses or tell him that the case could be taken to trial.
Defendants contentions have no merit. By pleading no contest and admitting the probation violations, defendant waived his contentions that he did not commit these crimes or violate his probation. (In re Troy Z. (1992) 3 Cal.4th 1170, 1181; People v. Turner (1985) 171 Cal.App.3d 116, 125.) Since he did not obtain a certificate of probable cause, he cannot challenge the validity of his pleas and admissions. (Pen. Code, 1237.5) His ineffective assistance of counsel claim cannot be maintained on the record before us because the appellate record contains no information about his counsels acts or omissions. (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267.)
Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgment is affirmed.
_______________________________
Mihara, Acting P.J.
WE CONCUR:
_____________________________
McAdams, J.
_____________________________
Duffy, J.
Publication Courtesy of San Diego County Legal Resource Directory.
Analysis and review provided by San Diego County Property line attorney.
