Filed 10/31/18 P. v. Sims CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

In two separate cases, defendant was charged with multiple felony offenses including unlawful driving or taking of a vehicle, receiving stolen property, evading a police officer against traffic, and misdemeanor possession of burglar tools. Defendant pleaded no contest to all counts in both cases. Pursuant to the plea agreement, defendant was sentenced to three years in state prison. In both cases, defendant in propria persona filed a timely notice of appeal. We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

On June 9, 2017, defendant was charged in case No. 17-CR-018045 (hereafter case No. 018045) with one count of unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)), one count of receiving stolen property, a motor vehicle (Pen. Code, § 496d, subd. (a)), and one misdemeanor count of possession of burglary tools (Pen. Code, § 466).

In an information filed on September 19, 2017, in case No. 17-CR-023348 (hereafter case No. 023348), defendant was charged with one count of evading an officer against traffic (Veh. Code, § 2800.4), one count of unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)), and one count of receiving stolen property, a motor vehicle (Pen. Code, § 496d, subd. (a)). The information further alleged defendant suffered a prior felony conviction for assault by means likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(1).)

Defendant pleaded no contest to all counts in both cases with an indicated sentence of three years in state prison.

Though the probation officer filed a report recommending defendant be placed on probation, the trial court disagreed, concluding defendant’s conduct warranted a three-year sentence. The court sentenced defendant in case No. 023348 to the upper term of three years for evading a police officer against traffic, a concurrent low term of 16 months for driving a stolen vehicle, and a stayed low term of 16 months for receiving stolen property. In case No. 018045, the court sentenced defendant to the low term of 16 months for receiving a stolen vehicle to run concurrent with the three-year sentence in case No. 023348. The court further imposed a stayed concurrent low term of 16 months for driving a stolen vehicle, and a one-day, stayed concurrent term in county jail for possession of burglary tools. The court also imposed various fines and assessments.

Because defendant pled no contest in case No. 023348, we briefly summarize the facts which are taken from the probation report. Castro Valley California Highway Patrol (CHP) units were in pursuit of a stolen BMW on Interstate 580 eastbound when they were forced to terminate the pursuit because the vehicle “entered I-580 eastbound to the Grand Avenue off-ramp in the wrong direction.” The stolen vehicle was then monitored by CHP’s “Air-37,” which broadcasted numerous traffic violations the driver of the vehicle made, such as driving through stop signs and red lights, and driving the wrong way on clearly marked roadways. The vehicle was next spotted at a gas station at MacArthur Boulevard and Harrison Street. Before the officers could detain the vehicle, however, it drove away followed by an officer who conducted a “Pursuit Immobilization Technique.” Defendant was identified as the driver. A Department of Motor Vehicles check revealed defendant was driving on a suspended license. A glass pipe commonly used to inhale illegal substances was in the center console of the vehicle.

As to case No. 018045, the record does not contain any details regarding the charged offenses other than the contents of the complaint.

DISCUSSION

After defendant appealed, counsel was appointed to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436, setting forth a statement of the case and a summary of the facts, and requesting that this court conduct an independent review of the record. Counsel has notified defendant he can file a supplemental brief with the court. No supplemental brief has been received.

Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently examined the record to see if any arguable issue is present. We have found none.

By entering pleas of no contest, defendant admitted the sufficiency of the evidence establishing the crimes, and therefore is not entitled to review of any issue that goes to the question of his guilt or innocence. (People v. Hunter (2002) 100 Cal.App.4th 37, 42.) Without a certificate of probable cause, defendant cannot contest the validity of his pleas; the only issues cognizable on appeal are issues relating to the validity of a denial of a motion to suppress or issues relating to matters arising after the pleas were entered. (Pen. Code, § 1237.5; Cal. Rules of Court, rule 8.304(b)(4)(B).)

Defendant was ably represented by counsel throughout the proceedings including at sentencing where counsel vigorously argued for a lower sentence.

We further find no meritorious sentencing issues requiring reversal of the judgment. Defendant received a three-year sentence under the precise conditions specified in the plea, and the court fulfilled its responsibilities by imposing sentence consistent with the plea agreement.

In sum, we agree with defendant’s counsel that no issues are present undermining defendant’s no contest plea or sentence.

DISPOSITION

The judgment is affirmed.

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Margulies, J.

We concur:

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Humes, P.J.

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Banke, J.

A154470

People v. Sims