The People v. Brown CA3

Filed 10/7/13 P. v. Brown CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yuba) ----

THE PEOPLE, C072879

Plaintiff and Respondent, (Super. Ct. No. CRF 11-457)

v.

LERON DEANDRE BROWN,

Defendant and Appellant.

Following a plea of no contest to vehicle theft, the trial court sentenced defendant Leron Deandre Brown to two years in county jail. Appointed counsel for defendant has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal.1 (People v. Wende (1979) 25 Cal.3d 436.) Having reviewed the record as required by Wende, we note two errors and will affirm the judgment as modified.

1 Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.

1

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

FACTUAL AND PROCEDURAL BACKGROUND

On August 29, 2011, defendant took a car belonging to Mona S. from a public transportation parking lot. On August 31, 2011, he was seeking gas money from adults on school grounds in Olivehurst. When a deputy sheriff responded to investigate defendant’s conduct, defendant walked away from the car, which sat unoccupied and idling in the road. Defendant claimed the car belonged to a friend’s girlfriend and that he and his friend had run out of gas and were looking for gas money. The deputy sheriff confirmed that the car had been reported as stolen. Defendant then claimed that he had only ridden in the car and had not driven it. Defendant claimed his friend, whose real name he did not know, had left 20 minutes earlier. A search of defendant revealed 2.6 grams of marijuana. A search of the car revealed a backpack in the passenger seat and a bicycle in the back seat. A glass smoking pipe was found in the backpack. Defendant claimed his friend had stolen the bicycle from a yard.