Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. SCD227689, Charles R. Gill, Judge.
HALLER, J.
Deshaun West pleaded guilty to Penal Code section 496d, receiving a stolen vehicle, and admitted a prior strike conviction. (Pen. Code, §§ 459/460, 667, subds. (b)-(i), 1170.12.) In accordance with the negotiated plea agreement, the court dismissed the remaining counts and enhancements and sentenced defendant to a stipulated term of four years in prison to run concurrently to a parole violation.
The facts are taken from the transcript of the preliminary hearing.
On May 30, 2010, Lashonda Williams (Williams) drove her best friend Sandra, Sandra's boyfriend and codefendant Terrence Roberts (Roberts), and West from El Cajon to Mission Beach in her car, a Hyundai Elantra. On the way home, Roberts asked if he could borrow her car and she agreed. However, after Williams and Sandra got into a verbal argument and Williams told Sandra to get out of her car, Williams changed her mind about lending the car to Roberts and conveyed this information to him and defendant. According to Williams, she was "ticked off" at Sandra and her anger carried over to defendant and Roberts.
After the argument, Williams drove Roberts and defendant to a liquor store where she planned to buy some lemonade for the three of them. Williams went into the store, leaving defendant and Roberts in the car. At defendant's request, she left the car running so that he could listen to the radio. When Williams returned, her car was missing. Williams called 911 from a nearby payphone to report her car had been stolen.
El Cajon Police Officer Jason Sargent, who was dispatched to investigate, talked with Williams at about 9:45 p.m. She told him that she had never given defendant or Roberts permission to use her car, they had never used the car in the past and she does not allow anyone to use her car. Thinking that defendant and Roberts might be playing a joke on her, she told the officer she wanted to wait a few hours to determine if the car was returned. About three hours later, Sargent again spoke with Williams, who indicated she wanted to press charges as her car had not been returned.
On May 31, San Diego Police Officer Arthur Scott observed Roberts driving the Elantra, with West as his passenger. Scott ran the license plate on his vehicle computer and learned that the car was reported stolen. He followed the car for several blocks until it pulled into a driveway. With the assistance of other officers who arrived at the scene, Roberts and defendant were ordered out of the car. Defendant complied, then took off running; he was apprehended a short distance away. Scott found a loaded.25 caliber semiautomatic handgun wrapped in a bandana on the passenger's seat of the car.
DISCUSSION
Appointed counsel has filed a brief summarizing the proceedings below. Counsel presents no argument for reversal but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to four possible, but not arguable issues: (1) whether defendant's waiver of his right to appeal was valid; (2) whether defendant's guilty plea was constitutionally valid; (3) whether there was a sufficient factual basis for the plea; and (4) whether defendant's trial attorney was ineffective for not producing witnesses at the preliminary hearing. We granted West permission to file a brief on his own and he has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issues. Competent counsel has represent West on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: NARES, Acting P.J., O'ROURKE, J.