Opinion
H043597
05-22-2018
THE PEOPLE, Plaintiff and Respondent, v. MELISSA ASHLEY HANSEN, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. Nos. C1499950, C1510963 & F1554042)
Defendant Melissa Ashley Hansen pleaded no contest in connection with four separate proceedings to felony possession of a stolen vehicle (Pen. Code, § 496d); felony forgery of a driver's license (§ 470a); two counts of felony vehicle theft (Veh. Code, § 10851, subd. (a)); misdemeanor flight from a pursuing peace officer's motor vehicle (id., § 2800.1, subd. (a)); and misdemeanor petty theft (§§ 484, 488). She also admitted two enhancements under section 12022.1. On March 15, 2016, the court imposed a sentence of one year in county jail. She was also placed on formal probation for three years.
All further statutory references are to the Penal Code unless otherwise stated.
Defendant filed a timely notice of appeal, and we appointed counsel to represent her in this court. Appointed counsel has filed an opening brief that states the case and facts but raises no issue. We notified defendant of her right to submit written argument on her own behalf within 30 days. The 30-day period has elapsed and we have received no response from defendant.
Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106 (Kelly), we have reviewed the entire record. Following the California Supreme Court's direction, we provide "a brief description of the facts and procedural history of the case, the crimes of which the defendant was convicted, and the punishment imposed." (Kelly, supra, at p. 110.)
I. FACTUAL BACKGROUND
The record disclosing the facts underlying the charged offenses is limited to matters contained in the complaints and in the probation report.
A. Case No. C1499950
On December 10, 2014, defendant was arrested with codefendant Hans Hollowa in connection with the theft of a 2015 Chevrolet Camaro. Hollowa was charged with vehicle theft (Veh. Code, § 10851, subd. (a)), and defendant was charged with buying or receiving stolen property (§ 496d), and forgery of a driver's license (id., § 470a).
B. Case No. F1554042
On January 15, 2015, defendant was arrested and charged with vehicle theft of a 2014 Dodge (Veh. Code, § 10851, subd. (a)), flight from a pursuing peace officer's motor vehicle (id., § 2800.1, subd. (a)), possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)), being under the influence of a controlled substance (id., § 11550, subd. (a)), and possession of drug paraphernalia (id., § 11364). Defendant was charged in the complaint with codefendant Michael Rivera.
C. Case No. C1510963
Defendant was arrested and charged with vehicle theft (Veh. Code, § 10851, subd. (a)) of a 2014 Honda Accord occurring on April 21, 2015. The car was stolen when the owner was at a gas station. The vehicle was one year old with approximately 20,000 miles and was in good condition. The owners reported that the car was returned to them damaged and they had to make repairs to the exterior and interior. The victims also lost personal property that had been inside the car. They submitted a claim of reimbursement that totaled $4,283.53. At the restitution hearing, the victims increased their claim to include time spent testifying in court, and the court awarded $5,452.53.
II. PROCEDURAL BACKGROUND
Defendant was charged by a two-count felony complaint (case No. C1499950) on December 22, 2014, with buying or receiving stolen property (§ 496d), and forgery of a driver's license (§ 470a). The crimes were allegedly committed on December 10, 2014.
A second complaint (case No. F1554042) was filed on January 20, 2015, charging defendant with five offenses committed on January 15, 2015, namely, theft or unauthorized use of a vehicle, a felony (Veh. Code, § 10851, subd. (a)), flight from a pursuing peace officer's motor vehicle, a misdemeanor (id., § 2800.1, subd. (a)), possession of a controlled substance, a misdemeanor (Health & Saf. Code, § 11350, subd. (a)), being under the influence of a controlled substance, a misdemeanor (id., § 11550, subd. (a)), and possession of drug paraphernalia, a misdemeanor (id., § 11364). It was alleged further in the second complaint that at the time she committed the offense of theft or unauthorized use of a vehicle, defendant had been on probation after being convicted of felony auto theft (§ 12022.1).
Defendant was charged in a third complaint (case No. C1510963) filed on May 14,2015, with theft or unauthorized use of a vehicle, a felony (Veh. Code, § 10851, subd. (a)). It was alleged further in the third complaint as two enhancements under section 12022.1 that defendant had committed the offense while she was released from custody on two different charges, vehicle theft (Veh. Code, § 10851, subd. (a)) and buying or receiving a stolen vehicle (§ 496d).
On February 9, 2016, defendant pleaded no contest to (1) felony possession of a stolen vehicle in violation of section 496d (count 2 in case No. C1499950), (2) felony forgery of a driver's license in violation of section 470a (count 3 in case No. C1499950), (3) felony vehicle theft in violation of Vehicle Code section 10851, subdivision (a) (count 1 in case No. C1510963), (4) felony vehicle theft in violation of Vehicle Code section 10851, subdivision (a) (count 1 in case No. F1554042), and (5) misdemeanor flight from a pursuing peace officer's motor vehicle in violation of Vehicle Code section 2800.1, subdivision (a) (count 2 in case No. F1554042). She also pleaded no contest to misdemeanor petty theft (§§ 484, 488) in a fourth case. Defendant also admitted two enhancements under section 12022.1. The court found that defendant had knowingly and voluntarily waived her rights in entering the no contest plea, and it found further, based upon the stipulation of counsel that there was a factual basis for the plea.
The complaint for this fourth case, referred to as case No. F1555777, and which apparently concerned an incident at Walmart's, is not part of the record.
On March 15, 2016, the court imposed a sentence of one year in county jail, with a total of 209 days of custody credit. She was also placed on formal probation for three years with conditions that included drug testing, mental health treatment, and that she maintain gainful employment, academic, or vocational training. Pursuant to the negotiated plea, the court dismissed the remaining counts (counts 3, 4, and 5) in case No. F1554042, and the enhancement alleged under section 12022.1 in case No. C1510963.
Before the court imposed sentence on March 15, 2016, defendant indicated that she wished to withdraw her plea based upon information provided or omitted by her counsel at the time defendant had entered her no contest plea. The court conducted a confidential hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden). After concluding the confidential hearing, the court imposed sentence.
On May 25, 2016, the court conducted a contested restitution hearing relative to case No. C1510963. After hearing testimony from one of the victims, the court ordered defendant to pay restitution in the amount of $5,452.53 to the owners of one of the stolen vehicles.
The restitution hearing was originally scheduled for April 25, 2016. On that date, the court conducted a confidential Marsden hearing. The court denied defendant's Marsden motion and continued the restitution hearing to May 25, 2016. --------
Defendant filed a timely notice of appeal. In the appeal notice, defendant indicated the appeal was based upon (1) the sentence or other matters occurring after the plea that did not affect the validity of the plea, and (2) a challenge to the validity of the plea. Defendant requested a certificate of probable cause based upon a claim of ineffective assistance of counsel and an ineffective waiver of her constitutional rights, asserting that she had insufficient time to meet with counsel and an insufficient understanding of the terms of the plea agreement. The trial court denied defendant's request for a certificate of probable cause on May 11, 2016.
III. DISCUSSION
Having carefully reviewed the entire record, we conclude that there are no arguable issues on appeal. (Wende, supra, 25 Cal.3d at pp. 441-443.)
IV. DISPOSITION
The judgment is affirmed.
/s/_________
BAMATTRE-MANOUKIAN, J. WE CONCUR: /s/_________
GREENWOOD, P.J. /s/_________
GROVER, J.