Filed 8/15/17 P. v. Wallace CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE,
Plaintiff and Respondent,
v.
DAMEON DEMETRIUS WALLACE,
Defendant and Appellant.
|
F072994
(Super. Ct. No. BF161074A)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. John S. Somers, Judge.
Kyle D. Smith, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
Appellant Dameon Demetrius Wallace pled no contest to receiving stolen property (Pen. Code, § 496d, subd. (a)/count 1),[1] felony driving under the influence of alcohol with priors (Veh. Code, §§ 23152, subd. (a) & 23550, subd. (a)/count 2), and felony driving with a blood alcohol content of .08 percent or greater with priors (Veh. Code, § 23152, subd. (b) & 23550, subd. (a)/count 3). Wallace also admitted allegations that he had a prior conviction within the meaning of the “Three Strikes” law (§ 667, subds. (b)‑(i)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On August 6, 2015, at approximately 7:34 p.m., Bakersfield Police Officer Keith Schlecht was dispatched to a location where a Jeep Grand Cherokee was resting against a wrought iron fence and found Wallace passed out behind the wheel. During an ensuing DUI investigation, Officer Schlecht determined that Wallace was under the influence of alcohol.
A records check disclosed that the Cherokee had been reported stolen on August 1, 2015. During a postarrest interview, Wallace stated that he bought the Cherokee about a week earlier for $2,200 and denied that he stole it.
On August 25, 2015, the Kern County District Attorney filed an information charging Wallace with the offenses and allegations to which he pled.
On October 16, 2015, Wallace entered his plea in this matter in exchange for an indicated sentence by the court of three years eight months.
On November 17, 2015, the court struck Wallace’s prior strike conviction and sentenced Wallace to the stipulated prison term of three years eight months consisting of the upper term of three years on count 1, a consecutive eight-month term on count two (one third the middle term of two years), and a stayed term on count 3.
Wallace’s appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Wallace has not responded to this court’s invitation to submit additional briefing.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.
