People v. Grimley CA1/5

Filed 9/16/24 P. v. Grimley CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A166929 v. ROBERT DANIEL GRIMLEY, JR., (Lake County Defendant and Appellant. Super. Ct. No. CR963590)

Defendant Robert Daniel Grimley, Jr., pleaded no contest to, and was convicted of, one count of theft, embezzlement, forgery, fraud, or identity theft from an elder or dependent adult and three counts of unauthorized use of personal identifying information. (Pen. Code §§ 368, subd. (d), 530.5, subds. (a), (c)(2).)1 The trial court thereafter sentenced him to a total term of five years in county jail prison. Defendant’s appointed appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (People v. Wende) and People v. Kelly (2006) 40 Cal.4th 106 (People v. Kelly) raising no issue for review and requesting that we conduct our own independent review of the record on

1 Unless otherwise stated, all statutory citations herein are to the Penal

Code.

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appeal. Defendant has not exercised his right to file a supplemental brief in a timely fashion. Having considered the record in accordance with People v. Wende and People v. Kelly, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND On September 22, 2022, defendant accepted an open plea agreement pursuant to which he pleaded no contest to: theft, embezzlement, forgery, fraud, or identity theft from an elder or dependent adult (§ 368, subd. (d); count I); unauthorized use of personal identifying information with a previous conviction of the same (§ 530.5, subd. (c)(2); counts III & V); and unauthorized use of personal identifying information (§ 530.5, subd. (a); count VII). The parties stipulated to the following factual basis for defendant’s plea: “As to Count One, on or about May 4th, 2022, the defendant used Thomas A[.]’s account to pass a forged check of over $950. And Mr. A[.] was 74 at the time, and the defendant knew or reasonably knew that he was 74 at the time. [¶] As to Count Three, the defendant also took checks—or checks in the amount of over $950 belonging to Cassandra H[.] and forged them and passed them. [¶] And as to Count Five, on or about April 2022 to May of 2022, the defendant had checks belonging to Dylan, D-Y-L-A-N, last name of H[.] and forged those checks and passed them.” “As to Count Seven, on or about April of 2022, the defendant had checks belonging to Lori, L[.], and forged them and passed or attempted to pass them. And all those had the identify information to do that on those checks of each of those victims. And that was in the county of Lake.” Also on September 22, 2022, the trial court accepted defendant’s no contest plea after finding that his waiver of his constitutional rights to a