Opinion
F079380
04-26-2021
THE PEOPLE, Plaintiff and Respondent, v. ZENAIDO MARTINEZ HERNANDEZ, Defendant and Appellant.
Joseph M. Ahart, under appointment by the Court of Appeal, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. Nos. BF167937A, BF169804A)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge. Joseph M. Ahart, under appointment by the Court of Appeal, Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Poochigian, Acting P.J., Smith, J. and Meehan, J.
-ooOoo-
Appointed counsel for appellant Zenaido Martinez Hernandez asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Hernandez was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Hernandez did not respond. Finding no arguable error that would result in a disposition more favorable to Hernandez, we affirm.
BACKGROUND
On June 13, 2017, in case No. BF167937A, Hernandez entered a plea to one count of unlawfully buying or receiving a vehicle with a prior vehicle theft conviction (Pen. Code, §§ 496D, subd. (a), 666.5, subd. (a)). In addition, Hernandez admitted an enhancement for the commission of a prior strike. (§§ 667, subds. (b)-(j), 1170.12.)
All further undefined statutory citations are to the Penal Code unless otherwise indicated. --------
On January 11, 2018, Hernandez was sentenced to a term of three years of formal probation in case No. BF167937A. The court also sentenced him to serve one year in county jail.
On February 14, 2018, the Kern County Superior Court filed an information charging Hernandez in case No. BF169804A with evading the process of the court (§ 1320.5, count 1). The information further alleged Hernandez had committed the offense, a felony, while released on bail (§ 12022.1); that Hernandez had suffered a prior strike (§§ 667, subds. (b)-(i), 1170.12); and that he had served three prior prison terms (§ 667.5, subd. (b)).
On May 9, 2018, Hernandez entered into a negotiated plea agreement. He admitted the count and all enhancements alleged in the information. In exchange, he was placed upon formal probation and sentenced to one year in county jail. In addition, the trial court suspended imposition of a sentence of six years in state prison. The court struck the prior strike allegation, the section 12022.1 enhancement, and stayed the section 12022.1 enhancement.
On June 21, 2018, in case No. BF167937A, the Kern County Probation Department filed a declaration alleging Hernandez violated his probation. On this same date, the Kern County Probation Department further alleged Hernandez had violated the terms of his probation in case No. BF169804A.
On August 28, 2018, following a formal hearing, the trial court determined Hernandez violated his probation in case Nos. BF167937A and BF169804A. His probation was reinstated and modified, and he was sentenced to one year in jail.
On February 25, 2019, in case No. BF167937A, the Kern County Probation Department filed a declaration alleging Hernandez had violated the terms of his probation.
On February 26, 2019, in case No. BF169804A, Hernandez's probation was revoked following an alleged violation of the terms of his probation.
On April 2, 2019, Hernandez filed a motion to disqualify the Kern County Probation Department, alleging a conflict of interest existed. His motion was subsequently denied by the trial court.
On May 30, 2019, following a formal hearing, the trial court found Hernandez had violated the terms of his probation in case No. BF167937A. Hernandez was sentenced to a term of three years to be served concurrent with his previously suspended sentence of six years in case No. BF169804A.
On June 3, 2019, Hernandez filed a timely notice of appeal.
After reviewing the record, we find no arguable error on appeal that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.