Opinion
E069805
08-30-2018
THE PEOPLE, Plaintiff and Respondent, v. ILYSSA SIERRA SMITH, Defendant and Appellant.
Amy Parekh, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. FWV17004224) OPINION APPEAL from the Superior Court of San Bernardino County. R. Glenn Yabuno, Judge. Affirmed. Amy Parekh, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant and appellant Ilyssa Sierra Smith is serving 16 months in state prison after pleading guilty to attempted vehicle theft with a gang enhancement and a strike prior. We affirm the judgment.
FACTS AND PROCEDURE
On November 7, 2017, defendant attempted to take a vehicle from a gym parking lot without the permission of its owner, with the intent to deprive him of its possession.
On November 9, 2017, the People filed a felony complaint alleging in count 1 that defendant attempted to drive or take a vehicle without its owner's consent with the intent to deprive the owner of possession (Pen. Code, § 664; Veh. Code, § 10851, subd. (a)) and in count 2 that defendant committed second degree burglary of a vehicle (Pen. Code, § 459). As to count 1, the People further alleged pursuant to Penal Code section 666.5 that defendant had two vehicle theft priors. As to both counts, the People alleged defendant had a strike prior. (Pen. Code, §§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i).)
On November 22, 2017, defendant pled guilty to count 1 and admitted the strike prior. Defendant admitted a newly added allegation that she committed the offense for the benefit of a street gang. (Pen. Code, § 186.22, subd. (b)(1)(A).) Defense counsel did not concur in the plea. Per the plea agreement, the court immediately sentenced defendant to the lower term of eight months for the attempted vehicle theft, doubled to 16 months for the strike prior, and stayed the sentence for the gang enhancement.
On January 29, 2018, the court held a postsentencing hearing to determine restitution. Defense counsel stated defendant wished to withdraw her plea. The trial court then held hearing under People v. Marsden (1970) 2 Cal.3d 118. At the conclusion of the hearing, the court denied defendant's motion to withdraw her plea.
On January 11, 2018, defense counsel filed a notice of appeal on defendant's behalf. On January 22, 2018, an amended notice of appeal was filed.
DISCUSSION
After defendant appealed, upon her request, this court appointed counsel to represent her on appeal. 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, a summary of the facts and potential arguable issues, and requesting this court to conduct an independent review of the record.
We offered defendant an opportunity to file a personal supplemental brief, and she has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the entire record for potential error and find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J. We concur: SLOUGH
J. FIELDS
J.