People v. Melgoza CA1/5

Filed 9/10/25 P. v. Melgoza CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, A171846 Plaintiff and Respondent, v. (Alameda County Super. Ct. No. 20-CR-015030A) JOSE VICTOR ROJO MELGOZA, Defendant and Appellant.

MEMORANDUM OPINION1 Defendant Jose Victor Rojo Melgoza appeals from a final judgment following a contested probation violation hearing. The trial court found that Melgoza violated the terms of his probation after he was arrested for driving and receiving a stolen motorcycle. He waived all back credits, and the court restored his probation to the same terms and conditions. Melgoza’s appointed counsel on appeal filed a brief raising no issue but seeking our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having conducted an independent review of the record pursuant to the holding in that case, we affirm.

1 We resolve this case by memorandum opinion because it raises no

substantial issue of fact or law. (Cal. Stds. Jud. Admin., § 8.1.)

1

In October 2022, Melgoza pled no contest to one felony count of unlawful driving or taking of a vehicle with the intent to deprive temporarily. (Veh. Code, § 10851, subd. (a).) He was placed on two years of felony probation and given one day of credit for time served. He also agreed to abide by various probation conditions, including that he would not possess or use any burglary tools and would “[o]bey all laws of the community and be of good conduct.” Melgoza violated the terms of his probation at various times in 2023 by failing to maintain contact with the probation department, among other things. His probation was revoked, reinstated, and modified several times. In June 2023, M.R. reported his motorcycle stolen to the police. Later that year, M.R.’s son saw “a Black dude” riding the stolen motorcycle. M.R. did not notify the police because he had already reported the motorcycle as stolen to his insurance company and had received a reimbursement check for its value. Melgoza was in custody when the motorcycle was stolen. In March 2024, Officer David Garcia was on patrol and saw a Hispanic male, later identified as Melgoza, riding a motorcycle without a license plate.2 A few hours later, Officer Garcia saw Melgoza park the motorcycle in front of a gas station. He stopped Melgoza at this point and saw a screwdriver sticking upright from the motorcycle’s ignition. Melgoza could not produce any paperwork showing that he owned the motorcycle. Officer Garcia confirmed that the motorcycle was reported stolen after running its vehicle identification number through dispatch and arrested Melgoza. The prosecution filed a petition to revoke Melgoza’s probation, alleging