Opinion
E068695
03-01-2018
THE PEOPLE, Plaintiff and Respondent, v. RUDY JESSE MORENO, Defendant and Appellant.
Edward Mahler, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.Nos. RIF1701054 & RIF1701176) OPINION APPEAL from the Superior Court of Riverside County. Samuel Diaz, Jr., Judge. Affirmed. Edward Mahler, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Pursuant to a plea agreement, defendant and appellant Rudy Jesse Moreno pled guilty to carjacking (Pen. Code, § 215, subd. (a)) in case No. RIF1701054. At the same hearing, he pled guilty to carjacking (§ 215, subd. (a)) in case No. RIF1701176, pursuant to another plea agreement. In accordance with the agreements, the court sentenced defendant to three years in state prison in case No. RIF1701054 and a consecutive term of one year eight months in case No. RIF1701176.
All further statutory references will be to the Penal Code, unless otherwise noted.
Defendant also pled guilty in another case at the same hearing (case No. BAF1700264), but that case is not part of this appeal.
Defendant filed a timely notice of appeal in case No. RIF1701176, challenging the validity of the plea. He requested a certificate of probable cause, which the court granted. Defendant subsequently filed a timely notice of appeal in case No. RIF1701054. We affirm.
Both matters are under the same appellate case number. --------
PROCEDURAL BACKGROUND
In case No. RIF1701054, defendant was charged by felony complaint with carjacking (Pen. Code, § 215, subd. (a), count 1), and the unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a), count 2). It was also alleged that defendant committed these offenses while released from custody prior to the judgment becoming final on another offense. (Pen. Code, § 12022.1.) Pursuant to a plea agreement, defendant pled guilty to count 1. In exchange, the court sentenced him to the low term of three years and dismissed the remaining count and allegation.
In case No. RIF1701176, defendant was also charged by felony complaint with carjacking (§ 215, subd. (a), count 1), and the unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a), count 2). Pursuant to a plea agreement, defendant pled guilty to count 1. In exchange, the court sentenced him to one-third the midterm, or one year eight months, to run consecutive to the sentence in case No. RIF1701054. The court dismissed the remaining count.
ANALYSIS
After the notice of appeal was filed, 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 one potential arguable issue: whether there was a factual basis for the plea in each case.
Defendant was offered an opportunity to file a personal supplemental brief, which he has not done.
Under People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
Acting P. J.
We concur:
MILLER
J.
SLOUGH
J.