Opinion
B283149
02-27-2018
THE PEOPLE, Plaintiff and Respondent, v. LISA THI TRAN, Defendant and Appellant.
Matthew Alger, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. Nos. GA099901, GA097931) APPEAL from a judgment of the Superior Court of Los Angeles County. Michael Villalobos, Judge. Affirmed. Matthew Alger, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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Defendant and appellant Lisa Thi Tran entered into a case settlement agreement with the prosecution to resolve case No. GA097931 for a five-year local prison sentence. Defendant pled no contest in count 1 to grand theft (Pen. Code, § 487, subd. (a)) and in count 2 to identity theft (§ 530.5, subd. (a)), and admitted serving three prior prison terms. (§ 667.5, subd. (b).) The court imposed concurrent two-year terms in counts 1 and 2, enhanced by three years for the prior prison terms, for a total of five years.
Statutory references are to the Penal Code.
Later, in case No. GA099901, defendant agreed to a settlement combining her two cases for a total of six years four months in local custody. Defendant entered a plea of no contest to unlawful access card activity in count 4 (§ 484i, subd. (c)), for the high term of three years, and admitted she was on bail at the time of the offense (§ 12022.1). A new sentencing hearing was required to combine the sentences in the two cases pursuant to the agreement.
At the combined sentencing hearings, the offense in case No. GA099901 was treated as the principal term. Defendant was sentenced in count 4 to the upper term of three years, enhanced by two years for the on-bail allegation, for a total of five years in local prison custody. Defendant was resentenced in case No. GA097931 to subordinate consecutive eight-month terms in counts 1 and 2. The total sentence was the agreed-upon term of six years four months.
Without obtaining a certificate of probable cause (§ 1237.5), defendant filed notices of appeal in both cases, checking the box indicating the appeals were based on the sentences or other matters occurring after the pleas that did not affect the validity of the pleas. This court appointed counsel for defendant on appeal. Appointed counsel filed a brief raising no issues, but requesting this court to independently review the record for arguable contentions pursuant to People v. Wende (1979) 25 Cal.3d 436. Defendant was advised on his right to file a supplemental brief within 30 days. No brief has been received from defendant.
We have completed our independent review of the record. There are no arguable appellate issues. Defendant was sentenced to the precise term she agreed to in the final case settlement. No other post-plea issues exist.
The judgment is affirmed. (Smith v. Robbins (2000) 528 U.S. 259.)
KRIEGLER, Acting P.J. We concur:
BAKER J.
Judge of the Orange Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. --------