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People v. Gonzalez

California Court of Appeals, Fourth District, Second Division
Feb 8, 2011
No. E051581 (Cal. Ct. App. Feb. 8, 2011)

Opinion

NOT TO BE PUBLISHED

APPEAL from the Superior Court of Riverside County No. RIF153613. Michael B. Donner, Judge.

R. Randall Riccardo, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.


OPINION

McKinster J.

I

INTRODUCTION

On December 30, 2009, an information charged appellant and defendant Miguel Gonzalez with taking a vehicle not his own, a felony, in violation of Vehicle Code section 10851, subdivision (a) (count 1); possession of a stolen motor vehicle, a felony, in violation of Penal Code section 666.5, as defined in section 496d, subdivision (a) (count 2); and falsely identifying himself to a police officer, a misdemeanor, in violation of section 148.9, subdivision (a).

All statutory references are to the Penal Code unless otherwise specified.

On March 2, 2010, a hearing on defendant’s motion under People v. Marsden (1970) 2 Cal.3d 118 (Marsden) was held; the trial court denied the motion.

Pursuant to a plea agreement, on March 8, 2010, defendant pled guilty to all charges. The trial court imposed the middle term of two years for count 1, the low term of two years for count 2 and stayed that term under section 654, and imposed no time for count 3.

Moreover, the trial court imposed a restitution fine of $200 under section 1202.4, subdivision (b), and imposed and stayed a parole revocation fine of $200 under section 1202.45, subdivision (b). Defendant was awarded 127 actual days and 127 days of conduct credit for a total of 254 days credit.

On May 21, 2010, defendant filed a motion to withdraw his plea. Defendant argued that “he did not knowingly and intelligently plead guilty to the charged offenses based upon the fact that [he] lacked the requisite understanding of the plea.” On June 10, 2010, the trial court denied the motion.

On August 3, 2010, defendant filed a timely notice of appeal and requested a certificate of probable cause. The trial court granted defendant’s request for a certificate of probable cause on August 16, 2010.

II

STATEMENT OF FACTS

The defendant acknowledged that the charges formed the factual basis for defendant’s guilty plea.

On or about November 2, 2009, defendant drove or took a Toyota Camry, property of another, without the consent of and with the intent to deprive the owner of title to or possession of the car.

On or about November 2, 2009, defendant willfully purchased or received a Toyota Camry, property of another, without the consent of and with the intent to deprive the owner of title to or possession of the car.

On or about November 2, 2009, defendant willfully purchased or received a Toyota Camry, knowing that the car had been obtained by theft or extortion, and did conceal, sell, withhold and aid in concealing, selling, and withholding the car from the owner, knowing the car had been so obtained.

On or about November 3, 2009, defendant willfully, falsely represented or identified himself as another person and a fictitious person to law enforcement to evade the process of a court order or to evade proper identification to the officer.

In addition, defendant was previously convicted of vehicle theft on or about November 30, 2006, in Los Angeles Superior Court.

III

ANALYSIS

After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.

We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.

IV

DISPOSITION

The judgment is affirmed.

We concur: Hollenhorst Acting P.J., King J.


Summaries of

People v. Gonzalez

California Court of Appeals, Fourth District, Second Division
Feb 8, 2011
No. E051581 (Cal. Ct. App. Feb. 8, 2011)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MIGUEL ANGEL GONZALEZ, Defendant…

Court:California Court of Appeals, Fourth District, Second Division

Date published: Feb 8, 2011

Citations

No. E051581 (Cal. Ct. App. Feb. 8, 2011)