Opinion
NOT TO BE PUBLISHED
Santa Clara County Super.Ct.No. CC812607
Duffy, J.
Defendant Zachary Rivas was convicted by plea of vehicle theft, grand theft, and use of a stolen access card. He received a suspended sentence and was ordered to serve four months in County Jail. The court imposed three probation conditions relating to substance abuse issues. Defendant timely appeals based on his sentence and we affirm.
STATEMENT OF THE CASE
On July 20, 2008, defendant and another man were out together and were using drugs. Around 2:00 a.m., they went to the man’s home in Sunnyvale, where he lived with his wife or girlfriend. The man told defendant that he could sleep there that night as defendant had no other place to stay. Sometime while the couple was asleep, defendant went through the woman’s purse. He took her credit cards and car keys from the purse, and a cell phone and a “play station” that were in the house. He drove away in the woman’s car.
The victim and her husband or boyfriend called police and reported that they had woken up the next morning to find defendant gone and their property missing. The woman also reported her credit cards stolen and cancelled them, and in the course of doing so, learned that one of her cards had been used twice at a Quick Stop located at the intersection of Capitol Expressway and Pearl Avenue in San Jose. The woman then drove to the Quick Stop and saw her car parked there with defendant in the driver’s seat. She called police and defendant drove off in the car before police arrived.
The police officers who responded saw the car stopped at a red light and initiated a traffic stop. They attempted to position their car so as to block the stolen car from being able to move. In addition to the driver, who was later identified as defendant, there was a passenger in the vehicle’s front seat. Despite the car being boxed in, defendant backed up the car and drove over the traffic island, fleeing in the car on Capitol Expressway. The officers chased the car and called for assistance. Defendant and his passenger ultimately abandoned the car in a residential area and began to run through some back yards. Police successfully apprehended the suspects. Upon defendant’s arrest, officers found less than an ounce of marijuana in his possession. They also found the key to the stolen car in defendant’s shoe while he was being processed after his arrest. Defendant told the officers that he didn’t know how the key had gotten there.
After defendant waived his Miranda rights, he spoke with police officers and admitted that he had been using drugs and that he had stolen the car and the other items.
He was later charged by complaint with theft or unauthorized use of a vehicle in violation of Vehicle Code section 10851, subdivision (a) (count 1), grand theft in violation of Penal Code sections 484, 487, (count 2), and use of a stolen access card in violation of Penal Code sections 484g, subdivision (a), 488, a misdemeanor (count 3). The complaint did not include any drug use or possession violations.
Defendant pleaded guilty to all counts in exchange for no prison time. The court suspended imposition of sentence and placed defendant on formal probation for three years, ordering him to serve four months in County Jail. He received a $200 restitution fund fine and a parole revocation fine in like amount. The court also imposed a $60 court security fee, a $129.75 criminal justice administration fee, a $10 crime prevention fee with $26.50 in penalty assessments, and a fee not to exceed $64 per month for probation supervision. And consistently with the recommendations of the probation report, the court further ordered victim restitution in an amount to be determined and over defendant’s objection, ordered him not to possess or consume alcohol or illegal drugs, not to knowingly be in a place where illegal drugs are used or sold or where alcohol is the major item of sale, and to complete a substance abuse treatment program.
Defendant timely appealed based on the sentence imposed or other matters occurring after the plea.
DISCUSSION
We appointed counsel to represent defendant in this court. Appointed counsel filed an opening brief that stated the case and the facts but raised no specific issues and requested this court to conduct an independent review of the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). We notified defendant of his right to submit written argument on his own behalf within 30 days and counsel provided him with the record. This period elapsed and we received no written argument from defendant.
We have reviewed the entire record under Wende and based upon this review, we have concluded that there is no arguable issue on appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: Rushing, P.J., McAdams, J.