Opinion
E072568
07-26-2019
THE PEOPLE, Plaintiff and Respondent, v. DANIEL JOSEPH HERNANDEZ, JR., Defendant and Appellant.
Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. RIF76260) OPINION APPEAL from the Superior Court of Riverside County. John D. Molloy, Judge. Affirmed. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant filed a request pursuant to Penal Code section 1170.18 to reclassify his felony conviction for vehicle theft (Count 1; Veh. Code, § 10851, subd. (a)) to a misdemeanor, which the court denied. After defendant filed a notice of appeal, this court appointed counsel to represent defendant.
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 and identifying two potentially arguable issues: whether defendant was eligible for reclassification of his offense to a misdemeanor despite his failure to offer any evidence that the truck he stole was worth $950 or less and whether defendant received effective assistance of counsel. We affirm.
I. PROCEDURAL BACKGROUND
On August 28, 1997, defendant and appellant, Daniel Joseph Hernandez, Jr., pleaded guilty to felony vehicle theft (Count 1; Veh. Code, § 10851, subd. (a)) and felony evading a police officer (Count 3; Veh. Code, § 2800.2). The court suspended a two-year aggregate term of imprisonment and placed defendant on 36 months of felony probation.
On October 5, 2018, defendant filed a request pursuant to Penal Code section 1170.18 to reclassify his conviction for felony vehicle theft (Count 1; Veh. Code, § 10851, subd. (a)) to a misdemeanor. The People opposed the requested relief maintaining defendant had failed to a carry his burden of proof. The court appointed counsel for defendant and set the matter for a hearing noting that it needed the value of the vehicle defendant pleaded guilty to stealing. At the hearing on March 21, 2019, defendant's counsel requested the petition be granted. The court denied the petition without prejudice noting, "Defense has failed to meet their burden."
II. DISCUSSION
We offered defendant an opportunity to file a personal supplemental brief, which he has not done. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.
III. DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
Acting P. J. We concur: CODRINGTON
J. MENETREZ
J.