People v. Vargas CA5

Filed 5/28/25 P. v. Vargas CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F087800 Plaintiff and Respondent, (Super. Ct. No. CR-23-006367) v.

ABEL ANDREW VARGAS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Carrie M. Stephens, Judge. Toni L. White, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P. J., De Santos, J. and Fain, J.† † Judge of the Fresno Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Appellate counsel for defendant Abel Andrew Vargas has filed an opening brief summarizing the pertinent facts and raising no issues but asking this court to review the record independently. (See People v. Wende (1979) 25 Cal.3d 436 (Wende).) The opening brief also includes a declaration from appellate counsel stating defendant was advised of his right to file a brief of his own with this court. By letter dated March 19, 2025, we also invited defendant to submit additional briefing. Defendant has not filed a response. Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record. Following our Supreme Court’s direction in Kelly, we provide a brief description of the facts and the procedural history of this case. (Kelly, at p. 110.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm. PROCEDURAL SUMMARY Defendant faced charges in two separate cases that were ultimately resolved together. On September 13, 2023, an information in case No. CR-23-006367 (case 6367), was filed charging defendant with robbery (Pen. Code,1 § 211, a felony; count 1), and three counts of grand theft (§ 487, subd. (a), each a felony; counts 2–4). Enhancements alleging the personal use of a firearm (§ 12022.53, subd. (b)) and that defendant committed the crime while out on bail (§ 12022.1) were attached to count 1, as were two circumstances in aggravation (Cal. Rules of Court, rule 4.421(a)(3), (8)). Counts 2 and 3 also contained enhancing allegations stating defendant committed these crimes while he was out on bail.