Opinion
B260803
07-30-2015
THE PEOPLE, Plaintiff and Respondent, v. KARL ELLIS, JR., Defendant and Appellant.
Russell S. Babcock, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. NA099760) APPEAL from a judgment of the Superior Court of Los Angeles County, Arthur Jean, Jr., Judge. Affirmed. Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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Defendant pled guilty to two counts of unlawfully driving or taking a vehicle and two counts of receiving stolen property. He appeals from the judgment. Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), defendant's counsel filed an opening brief requesting that this court review the record to determine whether any arguable issue exists on appeal. We find no arguable issue and affirm the judgment.
BACKGROUND
At the preliminary hearing, Officer Alan Woodard testified that on July 23, 2014, about 9:10 a.m., he responded to a call and made contact with defendant at a park. Defendant's driver's license was found in a 2013 blue Ford Expedition. Defendant claimed ownership of the vehicle. Officer Woodard later learned that the vehicle belonged to Auto Nation Ford. The dealership reported that the vehicle was missing and no one had permission to take it.
Officer Mario Cubillos testified at the preliminary hearing that he responded to an incident July 1, 2014, at a gas station. He saw a white Chevrolet 3500 model pickup truck with no license plates. Defendant had a key to the vehicle. Defendant's clothing and duffel bag were inside the pickup truck. Officers later learned that the Chevrolet pickup truck belonged to a Chevrolet dealership in Harbor City. No one had permission to take the vehicle from the dealership.
In a four-count amended information defendant was charged with two counts of receiving stolen property (Pen. Code, § 496) and two counts of unlawful taking or driving a vehicle (Veh. Code, § 10851, subd. (a)). It was alleged defendant had suffered one prior serious or violent felony. It was further alleged defendant suffered three prior felonies within the meaning of Penal Code section 667.5, subdivision (b) and four prior felonies within the meaning of Penal Code section 1203, subdivision (e)(4).
After waiving his rights including the right to a trial by jury and to confront and cross-examine witnesses, defendant pled guilty. He admitted all of the alleged priors. The court found defendant's waivers to be knowing and intelligent and voluntary. Defendant was ordered to serve a four-year prison term.
DISCUSSION
We appointed counsel to represent defendant. Counsel identified no issues. We advised defendant that he had 30 days to submit a letter identifying any contentions, and defendant did not file a letter. We have examined the entire record. We are satisfied no arguable issue exists, and defendant's counsel has fully satisfied his responsibilities. (Wende, supra, 25 Cal.3d at pp. 441-443; People v. Kelly (2006) 40 Cal.4th 106, 123-124; see Smith v. Robbins (2000) 528 U.S. 259, 279-284.)
DISPOSITION
The judgment is affirmed.
FLIER, ACTING P. J. WE CONCUR:
GRIMES, J.
Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. --------