Opinion
D081700
12-14-2023
THE PEOPLE, Plaintiff and Respondent, v. MACJHAY YAGAO, Defendant and Appellant.
Alex Kreit, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County, No. SCS323169, Michael J. Popkins, Judge. Affirmed.
Alex Kreit, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
HUFFMAN, J.
Macjhay Yagao entered a guilty plea to felony hit and run (Veh. Code, § 20001, subd. (a)). In his plea agreement, Yagao stipulated to a sentence of two years of felony probation.
At the sentencing hearing, the probation officer recommended the court impose a Fourth Amendment waiver. Defense counsel objected, however after hearing argument, the trial court imposed a search and seizure waiver as a condition of probation.
Yagao filed a timely notice of appeal.
Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende.
We offered Yagao the opportunity to file his own brief on appeal, but he has not responded.
DISCUSSION
Appellate counsel has asked the court to review the record for error. To assist the court with its review, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified a possible issue that was considered in evaluating the potential merits of this appeal: Whether the trial court erred by imposing a Fourth Amendment waiver as a condition of probation.
We have reviewed the entire record as required by Wende and Anders. We have not discovered any arguable issues for reversal on appeal. Competent counsel has represented Yagao on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: McCONNELL, P. J., O'ROURKE, J.