People v. Arellano CA5

Filed 12/23/25 P. v. Arellano 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F089271 Plaintiff and Respondent, (Super. Ct. Nos. F23909305, v. F24905934)

JUAN CARLOS OCHOA ARELLANO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Charles J. Lee, Judge. Vicki Hightower, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and De Santos, J.

Appointed counsel for appellant, Juan Carlos Ochoa Arellano, asked this court to review the record to determine whether there are any arguable issues on appeal. (See People v. Wende (1979) 25 Cal.3d 436.) Counsel filed an opening brief setting forth the relevant facts from the two cases underlying this appeal. Appellant was advised of the right to file a supplemental brief within 30 days. More than 30 days elapsed, and we received no communication from appellant. Finding no arguable error that would result in a disposition more favorable to appellant, we affirm the judgment. Following is a brief description of the facts and procedural history of the cases. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) In the first case (People v. Arellano (Super. Ct. Fresno County, 2024, No. F23909305)), appellant was charged by information with four counts: attempted carjacking (Pen. Code, §§ 664, 215, subd. (a)),1 second degree robbery (§ 211), receiving stolen property (§ 496, subd. (a)), and grand theft (§ 487, subd. (a)). Codefendant Geronimo Marin was included on three of the charges was also charged with criminal threats (§ 422). The information further alleged appellant was armed with a firearm (§ 12022, subd. (a)(1)) for three of those counts, utilized a bat in the carjacking (§ 12022, subd. (b)(1)), and otherwise satisfied two aggravating factors (Cal. Rules of Court, rule 4.421(b)(2)(3)). Underlying these charges were allegations appellant, Marin, and one other codefendant approached a victim at a car wash and, using a firearm, attempted to steal his truck before stealing stereo equipment and other items from the truck. Additionally, appellant and Marin were alleged to have stolen an air conditioning unit and, when noticed, Marin displayed a firearm and threatened the observer. Appellant waived his preliminary hearing and eventually pleaded no contest to second degree robbery. All other counts and allegations were dismissed. In doing so,