Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court No. 1085160 of Stanislaus County. John G. Whiteside, Judge.
Thomas M. Singman, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
Before Levy, Acting P.J., Gomes, J., and Kane, J.
On December 7, 2004, at 2:30 a.m. Amanda Coelho was working on her computer at her house in Modesto when she heard the alarm on her son’s car go off. The car was parked on the street in front of Coelho’s house. Coelho went to the front door and saw the trunk of the car open. A white, four-door car was parked next to her son’s car and a man carrying her son’s speakers was standing between the two cars. Another man was standing on the other side of the cars.
Coelho ran down the sidewalk and yelled at the men. Someone yelled “go[!]” and the man with the speakers got into the white car and it sped away. After telling her son his car had been broken into, Coelho and her husband heard sirens and got in their car to investigate whether the suspects had been caught by police.
Officer Josh Christiansen was on patrol in the area when the white car ran a stop sign while traveling approximately 60 miles per hour. Christiansen activated his emergency lights and siren and pursued the car. As it rounded a corner, one person got out and ran away. The white car pulled over at a carwash a few blocks from the Coelho residence with Miranda seated in the driver’s seat. A speaker box containing two speakers and a power cap were found in the back seat.
Coelho arrived at the carwash and recognized the car as the one she saw earlier in front of her house. She informed an officer her son’s car had been broken into and was told to bring him to see if he could identify the equipment found in the white car. Coelho brought her son and he identified the speakers and power cap as belonging to him.
On May 6, 2005, the district attorney filed an information charging Miranda with one count each of second degree burglary (Pen. Code, §§ 459/460, subd. (b)) and receiving stolen property (Pen. Code, § 496, subd. (a)).
At his trial, Miranda testified that on the night of the burglary, he drove two friends, Martin Vega and Julio, from a party to Vega’s house. After leaving the house, Julio had Miranda stop the car and said he would be right back. Julio returned in a while and threw some speakers in the car. He got in the front passenger’s seat and said, “[G]o, go, go[!]” Miranda did not know what was going on and only learned of the burglary after he was pulled over by the police.
On September 14, 2005, a jury convicted Miranda of receiving stolen property.
On November 15, 2006, the court sentenced Miranda to an eight-month term (one-third the middle term of two years), which it imposed consecutive to a two-year term Miranda was serving for his conviction in Santa Clara County Superior Court case No. CC513884.
Miranda’s appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Miranda has not responded to this court’s invitation to submit additional briefing.
Following independent review of the record we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.