Opinion
A132449
03-23-2012
THE PEOPLE, Plaintiff and Respondent, v. ANGELO JOSEPH TAVARE, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(San Mateo County Super. Ct. No. SC073467)
After his motion to suppress evidence was denied, appellant Angelo Joseph Tavare entered a plea of no contest to receiving stolen property (Pen. Code, § 496, subd. (a) -count 5) and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a) -count 6). He was sentenced to the low term of 16 months on count 5 and to a concurrent low term of 16 months on count 6. His counsel on appeal has filed an opening brief raising no issues and asking this court for an independent review of the record. (People v. Wende (1979) 25 Cal.3d 436.) We have conducted the requested review and conclude that there are no arguable issues.
Appellant was advised by counsel of the opportunity to file a supplemental brief, but has not done so.
Appellant, at the time of his arrest, was on probation with a search condition. He volunteered this information when confronted by Officer Brennan of the Daly City Police Department, who was investigating a suspicious vehicle parked in the Alpine Inn parking lot. It was determined through a Department of Motor Vehicles records check that the license plate was listed as stolen. Appellant's status as a probationer with a search condition, as well as the fact that he had an outstanding no-bail warrant, was also confirmed. A search of his person resulted in the seizure of methamphetamine (count 6), and a search of the motel room where appellant was residing disclosed numerous items of stolen property (count 5).
Appellant was represented throughout the proceedings by counsel. His no contest plea was validly entered with a full awareness of his rights and consequences. There was no sentencing error.
Judgment affirmed.
Reardon, J. We concur: Ruvolo, P.J. Rivera, J.