Opinion
B288928
10-30-2018
THE PEOPLE, Plaintiff and Respondent, v. GABRIEL ALEJANDRO CHAVEZ, Defendant and Appellant.
David M. Thompson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. KA117284) APPEAL from a judgment of the Superior Court of Los Angeles County, Jack P. Hunt, Judge. Affirmed. David M. Thompson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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FACTUAL AND PROCEDURAL BACKGROUND
Police officers arrested Gabriel Alejandro Chavez after he attempted to sell them a stolen purse. The People charged Chavez with one count of receiving stolen property exceeding $950 in value (Pen. Code, § 496, subd. (a)). The People alleged Chavez had suffered one prior violent or serious felony conviction within the meaning of the three strikes law (Pen. Code, §§ 667, subds. (b)-(j), 1170.12) and had served a separate prison term for a felony within the meaning of Penal Code section 667.5, subdivision (b).
After waiving his right to a preliminary hearing and a jury trial, Chavez entered a negotiated plea of no contest to receiving stolen property exceeding $950 in value and admitted the allegation he had a prior serious or violent conviction. The record of the plea hearing shows Chavez was advised of and waived his constitutional rights and was advised of and acknowledged he understood the consequences of his plea. Counsel stipulated to a factual basis for the plea. The trial court found Chavez had knowingly, voluntarily, and intelligently waived his constitutional rights and the court entered his no contest plea.
In accordance with the plea agreement, the trial court sentenced Chavez to a prison term of two years eight months, consisting of the lower term of one year four months, doubled under the three strikes law. The court ordered Chavez to pay statutory fines, fees, and assessments and awarded him nine days of presentence custody credits. The court dismissed the remaining special allegation on the People's motion. Chavez admitted he had violated probation, and the court revoked his probation and imposed a concurrent term of 60 days in county jail.
Chavez filed a timely notice of appeal in which he checked the preprinted box indicating, "This appeal is based on the sentence or other matters occurring after the plea that do not affect the validity of the plea." Chavez did not seek a certificate of probable cause.
DISCUSSION
We appointed counsel to represent Chavez in this appeal. After reviewing the record, counsel filed an opening brief raising no issues. On July 12, 2018 we gave Chavez notice that he had 30 days to submit a brief or letter raising any grounds of appeal, contentions, or arguments he wanted us to consider. We have not received a response.
We have examined the record and are satisfied appellate counsel for Chavez has complied with his responsibilities and there are no arguable issues. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106, 118-119; People v. Wende (1979) 25 Cal.3d 436, 441-442.)
DISPOSITION
The judgment is affirmed.
SEGAL, J. We concur:
ZELON, Acting P. J.
FEUER, J.