People v. Dominguez

Full title: THE PEOPLE, Plaintiff and Respondent, v. DAVID DOMINGUEZ, JR., Defendant…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Placer)

Date published: Aug 2, 2017

C083968 (Cal. Ct. App. Aug. 2, 2017)

Opinion

C083968

08-02-2017

THE PEOPLE, Plaintiff and Respondent, v. DAVID DOMINGUEZ, JR., Defendant and Appellant.

HULL, J.

NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 62147827F)

Appointed counsel for defendant David Dominguez, Jr., has filed an opening brief that sets forth the facts of the case and asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After reviewing the entire record, we affirm the judgment.

FACTS AND PROCEEDINGS

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

In May 2016, defendant forged checks and obtained J.R.'s personal identifying information and used that information to cash a check and obtain money without J.R's consent. Defendant forged the check for the benefit of the west Roseville Nortenos. Defendant also served a prior prison term.

An information charged defendant with identity theft (Pen. Code, § 530.5, subd. (a)--count 1),¹ street terrorism (§ 186.22, subd. (a)--count 2), possession of ammunition by a felon (§ 30305, subd. (a)(1)--count 5),² possession of identifying information of 10 or more victims (§ 530.5, subd. (c)(3)--count 6), and forgery (§ 470, subd. (d)--count 8). As to counts 1 and 8, the information also alleged defendant committed the offenses for the benefit of a street gang. (§ 186.22, subds. (b) & (d).) The information further alleged defendant had served a prior prison term. (§ 667.5, subd. (b).) Defendant pleaded no contest to identity theft and forgery, admitted the forgery was committed for the benefit of a street gang, and admitted the prior prison term allegation. The remaining charges were dismissed with a Harvey ³ waiver. In accordance with the plea, the trial court sentenced defendant to a term of three years eight months, awarded defendant 200 days of presentence custody credit, and imposed mandatory fees and fines. The trial court granted defendant's certificate of probable cause.

1 Undesignated statutory references are to the Penal Code.

2 The information charged defendant and numerous other codefendants of various offenses. Counts 3, 4, and 7 do not relate to defendant.

3 People v. Harvey (1979) 25 Cal.3d 754. --------

DISCUSSION

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days from the date the opening brief was filed. More than 30 days have elapsed, and defendant has not filed a supplemental brief. Having undertaken an examination of the entire record pursuant to Wende, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

HULL, J. We concur: RAYE, P. J. BLEASE, J.