People v. Montalvan CA4/1

Filed 9/9/25 P. v. Montalvan CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084205

Plaintiff and Respondent,

v. (Super. Ct. No. SCD302809)

DAVID MONTALVAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Rachel Cano, Judge. Affirmed. Jennifer M. French, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant David Montalvan appeals a judgment after he pleaded

guilty to one count of receiving stolen property (Pen. Code,1 § 496, subd. (a)). At his sentencing hearing, the trial court granted him probation subject to

1 All statutory references are to the Penal Code unless otherwise specified. 1

several conditions, including a condition that prohibited him from “unlawfully us[ing] force, threats, or violence on another person.” His appointed counsel filed a brief pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) and People v. Wende (1979) 25 Cal.3d 436 (Wende), which raised no arguable issues but asked us to independently review the record for reversible error. We granted Montalvan an opportunity to file a supplemental brief on his own behalf, but he did not do so. After independently reviewing the entire record (People v. Kelly (2006) 40 Cal.4th 106, 119), we find no arguable appellate issues and affirm the judgment.