People v. Street CA1/4

Filed 6/11/25 P. v. Street CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, A172401 v. DANIEL ANTHONY STREET, (Solano County Super. Ct. No. VCR231638) Defendant and Appellant.

Daniel Anthony Street appeals from a judgment sentencing him to a term of 15 years to life in prison following his plea of no contest to one count of second degree murder. His appointed counsel on appeal has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel informed Street of his right to file a supplemental brief but he has not done so. Having conducted an independent review of the record, we conclude that there are no meritorious issues to be argued on appeal. BACKGROUND Street was charged by amended information with one count of murder (Pen. Code,1 § 187, subd. (a)). He pled no contest to

1 All undesignated statutory references are to the Penal

Code.

second degree murder in exchange for a maximum sentence of 15 years to life. The following “confession and stipulation to factual basis” was submitted in connection with his plea: “I, Daniel Anthony McKeever Street, do hereby confess and stipulate, under penalty of perjury, to the following facts: [¶] I was not the actual killer of Darryl Huckaby. I did not shoot him, someone else did. However, I admit that I was an aider and an abettor in Mr. Huckaby’s murder, and further admit that I was a major participant in the murder, acting with reckless indifference to human life. I acted with malice aforethought in aiding and abetting the actual killer of Mr. Huckaby.” Street’s signed plea form indicates that restitution would be “reserved.” In taking his plea, the court advised Street: “We’re going to reserve restitution, which means that restitution—an amount may be submitted. If it is imposed or requested, you have the right to have a hearing to make sure it is both reasonable and related to the offense for which you are convicted.” Consistent with the negotiated agreement, Street was sentenced to a term of 15 years to life in prison. Over Street’s objection based on ability to pay, the court imposed a $3000 restitution fine under section 1202.4, subdivision (b), and imposed and stayed a $3000 probation revocation fine under section 1202.45. The court continued to reserve jurisdiction over victim restitution. Street’s notice of appeal indicates that he is challenging both his sentence and the validity of his plea, the second of which