People v. Contreras CA1/4

Filed 11/22/24 P. v. Contreras CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, Plaintiff and Respondent, A170200 v. (Contra Costa County ANTHONY EDWARD Super. Ct. Nos. 02003337847, CONTRERAS, 02003356417) Defendant and Appellant.

Defendant Anthony Edward Contreras’s appointed appellate counsel filed a brief asking this court to conduct an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel informed Contreras of his right to file a supplemental brief. He has not done so. After conducting an independent review of the record, we see no arguable appellate issues requiring further briefing and affirm the judgment. I. BACKGROUND A. Contreras’s Convictions In November 2022, the Contra Costa District Attorney’s Office and Contreras agreed to a negotiated disposition of two criminal cases.

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First, in case number 02003356417, Contreras entered a guilty plea to theft of copper material (Pen. Code,1 § 487j; count one) and a no contest plea to felony vandalism causing over $400 worth of damage (§ 594, subd. (a); count two). He also admitted he committed those offenses while released on his own recognizance in violation of section 12022.1. In the second case, number 02003337847, Contreras pleaded no contest to charges that on December 16, 2020, he fled a police officer’s motor vehicle while driving recklessly (Veh. Code, § 2800.2; count one), fled a police officer’s motor vehicle and drove against traffic (Veh. Code, § 2800.4; count two), drove or took a motor vehicle without consent (Veh. Code, § 10851, subd. (a) [misstated as section 1351 in one part of the reporter’s transcript]; count three), received a stolen motor vehicle (§ 496d, subd. (a); count four), and was in possession of a controlled substance (Health & Saf. Code, § 11377; count five). In both cases, Contreras also admitted as circumstances in aggravation under California Rules of Court, rule 4.421(a), that the crime involved the attempted or actual taking or damage of great monetary value, that he was on parole or community supervision at the time, and that his prior performance on parole or community supervision was unsatisfactory. He further admitted he had a prior “strike” conviction, in 1991 for residential burglary, and prior felony convictions on July 10, 2019 and December 12, 2021 (the latter for reckless driving in evading a police officer in violation of Veh. Code, § 2800.2). He also voluntarily waived his custody credits.