Opinion
A154293
10-19-2018
THE PEOPLE, Plaintiff and Respondent, v. JOSHUA GORDON SMITH, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Lake County Super. Ct. No. CR949349)
Appellant Joshua Gordon Smith appeals from a judgment, entered on the basis of a guilty plea and negotiated disposition, convicting him of having received a stolen vehicle, a felony (Pen. Code, § 496d, subd. (a)) and driving under the influence of a drug, a misdemeanor. (Veh. Code, § 23152, subd. (d).) His court appointed attorney has filed a brief raising no legal issues and requesting this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Appellant was advised by assigned counsel that he may file a supplemental brief within 30 days raising any issues he may wish to bring to the court's attention. Appellant filed no such brief.
This appeal is based on grounds occurring after entry of the plea and is therefore authorized by rule 8.304(b) of the California Rules of Court.
FACTS AND PROCEEDINGS BELOW
The essential facts are described as follows in the Probation Officer's Presentence Investigation Report: "On January 14, 2018, California Highway Patrol officers conducted an enforcement stop on a vehicle and immediately noticed the driver moving around the vehicle, and what appeared to be smoke in the cab. The officers contacted Joshua Smith, the defendant, who advised officers he did not have a license or paperwork for the vehicle. The officer observed the defendant sweating and detected the odor of cannabis coming from the vehicle. The officer asked the defendant about the smoke and he stated he was smoking cannabis five minutes before getting pulled over. The defendant also admitted to consuming methamphetamine the night before. The officer conducted a series of field sobriety tests which the defendant failed to perform as they were explained. The defendant was arrested and transported to Saint Helena Hospital in Clearlake so he could provide blood samples. The defendant notified the officers he had a glass pipe in his underwear. The officers conducted a search of the vehicle's VIN number, which returned as stolen. While in the Hill Road Correctional Facility jail parking lot, the defendant was able to reach in his underwear and provided the officers with a glass pipe with a white and brown powder residue within."
In an undated handwritten statement attached to the probation officer's report, appellant stated that he "did not steal the truck I was driving" because it had been abandoned on a friend's property. Not knowing the vehicle had earlier been reported stolen, he took the truck and replaced its transmission. Appellant states that he entered his plea because of his prior strike and prison terms. He also stated he was on drugs and "was not doing well at the time" and "would like help for the first time in my life." Appellant stated that he "was doing my best to change my life" and "would like to be placed in a drug treatment program."
At a hearing on April 9, 2018, appellant provided the court a written plea form and waiver of rights executed by him and his attorney in which he pled no contest to both count 1, receiving a stolen vehicle, a felony, and count 3, the misdemeanor offense of driving under the influence of a drug. In return for the plea, the People agreed to dismiss the felony charge of unauthorized use of a vehicle (Veh. Code, § 10851, subd. (a)), four misdemeanor charges, and all of the enhancements alleged in the complaint.
Specifically: operation by a restricted person of a vehicle not equipped with a functioning ignition interlock device (Veh. Code, § 23247, subd. (e)); driving with a license suspended for DUI (Veh. Code, § 14601.2, subd. (a)); driving under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)); and possession of paraphernalia for unlawful use. (Health & Saf. Code, § 11364.) --------
In addition to his written waiver of constitutional and other rights, at this hearing, appellant was orally advised by the court of the rights he would be giving up by his plea and admissions. After the district attorney described the factual basis for the plea and defense counsel stipulated that the statement established the factual basis required by People v. West (1970) 3 Cal.3d 595, the court found that appellant had knowingly and intelligently waived his constitutional and statutory rights, and entered his plea freely and voluntarily, and that a factual basis for the plea existed.
Appellant's timely notice of appeal was filed on May 8, 2018.
DISCUSSION
The scope of reviewable issues on appeal after a plea of guilty or no contest is restricted to matters based on constitutional, jurisdictional, or other grounds going to the legality of the proceedings leading to the plea; guilt or innocence are not included. (People v. DeVaughn (1977) 18 Cal.3d 889, 895-896.)
Appellant's plea was entered in a manner that complies with the requirements of Boykin v. Alabama (1969) 395 U.S. 238 and In re Tahl (1969) 1 Cal.3d 122.
There was a factual basis for the plea. Appellant was at all times represented by competent counsel who zealously protected his rights and interests. The sentence imposed is authorized by law.
Our independent review having found no arguable legal issues that require further briefing, the judgment, including the sentence, is affirmed.
/s/_________
Kline, P.J. We concur: /s/_________
Richman, J. /s/_________
Miller, J.