Opinion
H045774
11-07-2019
THE PEOPLE, Plaintiff and Respondent, v. DANIELLE CASTAGNE, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Santa Clara County Super. Ct. No. C1510715)
Defendant Danielle Castagne filed a timely notice of appeal after she pleaded no contest to vehicle theft (Veh. Code, § 10851, subd. (a)) and possession of a belt buckle knife (Pen. Code, § 20410). Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436). Defendant was notified of her right to submit written argument on her own behalf, but she has failed to avail herself of the opportunity. We have reviewed the entire record and have concluded that there are no arguable issues on appeal. The judgment is affirmed.
I. Statement of the Case
In May 2015, defendant was charged by complaint with theft or unauthorized use of a vehicle (Veh. Code, § 10851, subd. (a)), possession of a belt buckle knife (Pen. Code, § 20410), and driving with a suspended license (Veh. Code, § 14601.1, subd. (a)). It was also alleged that defendant had served a prior prison term. (Pen. Code, § 667.5, subd. (b).)
The prior prison term allegation was stricken pursuant to Proposition 47. --------
In June 2015, defendant pleaded no contest to vehicle theft and possession of a belt buckle knife. Pursuant to the negotiated agreement, defendant would be placed on probation and serve eight months in county jail. Prior to entry of defendant's plea, the trial court reviewed the advisement of rights, waiver, and plea form that defendant had completed. Defendant acknowledged that she had signed the form and reviewed it with her attorney. Defendant also stated that she understood the contents of the form and had no questions about it. The trial court advised defendant that the maximum sentence was three years and eight months. Defendant was advised of her rights to a preliminary examination, to a jury trial, to confront and cross-examine witnesses, and to remain silent. Defendant waived these rights.
In September 2015, the sentencing hearing was held. The trial court suspended imposition of sentence, placed defendant on probation for three years, and ordered that she serve eight months in county jail.
In May 2016, the trial court revoked probation.
On June 8, 2017, defendant admitted a violation of probation and waived prior credits through June 1, 2017. Defendant agreed to return on June 28, 2017 for sentencing. However, she failed to appear for sentencing.
On February 20, 2018, defendant was arrested. A week later, the trial court denied probation and sentenced defendant to two years in county jail. The trial court also ordered defendant to pay the balance of $2,826.56 in restitution to the victim of the vehicle theft.
On June 25, 2019, the trial court stayed certain fines and fees pursuant to People v. Duenas (2019) 30 Cal.App.5th 1157.
II. Disposition
The judgment is affirmed.
/s/_________
Mihara, J. WE CONCUR: /s/_________
Premo, Acting P. J. /s/_________
Bamattre-Manoukian, J.