P. v. Mendez

Filed 7/27/06 P. v. Mendez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

APPEAL from a judgment of the Superior Court of Fresno County. Gary R. Orozco, Judge.

Barbara Coffman, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Kathleen A. McKenna and Connie A. Proctor, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

Appellant Alex Richard Mendez appeals the revocation of his probation. He contends (1) his due process rights were violated because he received inadequate notice of the charges for the revocation hearing; (2) evidence introduced at the revocation hearing was insufficient to support revocation; and (3) counsel rendered ineffective assistance. We will affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

On January 28, 2005, Larry Castanon asked Mendez to drive his van to a repair shop while Castanon followed in a rental car. Mendez agreed. Castanon picked up Mendez and drove him to Castanon's house to get the van. At the house, Castanon put the keys to the rental car on a table containing the van keys and excused himself to the bathroom. While Castanon was in the bathroom, Mendez took the keys to the rental car and notified Castanon he would meet him at the repair shop. Mendez never went to the repair shop. Later that day, Mendez called Castanon and told him that Mendez would bring the rental car back in an hour. Mendez never brought the car back and the following day Castanon reported the car stolen.

On February 5, 2005, Mendez went to the Picadilly Inn on Cedar Avenue and attempted to rent a room with a credit card number written on a piece of paper. The hotel clerk told Mendez he could not rent a room without a valid credit card. Mendez then asked the clerk to call the Picadilly Inn on McKinley Avenue for vacancies. While on the phone, the clerk saw Mendez take credit card receipts from the front desk. When Mendez left the hotel, the clerk asked hotel security to write down the license plate number of Mendez's car. The clerk then called the police and the Picadilly Inn on McKinley Avenue to warn them of Mendez's possible presence.

Mendez went to the Picadilly Inn on McKinley Avenue. Hotel security identified Mendez's car and the clerk wrote down Mendez's license plate number, locked the front door, and called the police. Fresno Police Officer Matthew Miller responded and saw Mendez backing away from the front door. Mendez subsequently was arrested for questioning. Miller searched Mendez and found â€