Opinion
F074307
11-03-2017
THE PEOPLE, Plaintiff and Respondent, v. ROBERT LEE CURREN, Defendant and Appellant.
Robert Navarro, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. F016902443)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Fresno County. James A. Kelley, Judge. Robert Navarro, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Detjen, Acting P.J., Peña, J. and Smith, J. --------
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Appellant Robert Lee Curren pled no contest to vehicle theft (Veh. Code, § 10851, subd. (a)) and was placed on probation. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On the morning of April 18, 2016, a Fresno police officer received information from a confidential informant that a stolen Ford Contour was located at an address on Glenn Avenue in Fresno, California. After going to the address and not finding the Contour, the officer and several others canvassed the area. At approximately 11:00 a.m., Curren was observed driving the Contour, which had paper license plates, through an alley. The officers followed Curren as he parked the Contour behind the Glenn Avenue address. Curren got out of the Contour and spoke to an unknown person. He then got back in the Contour and drove off. He eventually stopped the Contour, got out, and fled on foot. Officers chased Curren and detained him. Curren first told the officers he borrowed the Contour from a friend and then that a friend gave him the vehicle. The officers searched Curren's apartment and found the Contour's license plates and a backpack belonging to the Contour's owner.
On April 20, 2016, the Fresno County District Attorney filed a complaint charging Curren with vehicle theft (Veh. Code, §10851, subd. (a); count 1) and receiving a stolen vehicle (Pen. Code, § 496d, subd. (a); count 2).
On May 17, 2016, Curren entered his no contest plea to vehicle theft in exchange for no initial state prison time and the district attorney not objecting to that count being reduced to a misdemeanor, if Curren successfully completed probation.
On July 1, 2016, the court suspended imposition of judgment and placed Curren on probation for two years on the condition that he serve a year in custody, with all but 90 days suspended.
On August 29, 2016, Curren filed a notice of appeal. Also on that date, the court denied Curren's request for a certificate of probable cause.
Curren's appellate counsel has filed a brief that summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) Curren has not responded to this court's invitation to submit additional briefing.
Following an independent review of the record, we find that no reasonably arguable factual or legal issues exist.
DISPOSITION
The judgment is affirmed.