People v. Foster CA5

Filed 1/2/26 P. v. Foster 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F089165 Plaintiff and Respondent, (Super. Ct. No. F24902056) v.

SEAN LUIS FOSTER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. William Terrence, Judge. Patrick J. Hoynoski, 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 Levy, Acting P. J., Detjen, J. and Snauffer, J.

INTRODUCTION Appellant and defendant Sean Luis Foster (appellant) pleaded no contest to felony unlawfully taking or driving a vehicle. He was referred to veteran’s treatment court, but the case was returned to the trial court because he had charges pending in other counties. He was released from custody to resolve those cases but subsequently failed to appear as ordered. He was returned to custody and sentenced to the second strike lower term of 32 months in prison. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant did not file a supplemental brief on his own behalf. We affirm. PROCEDURAL BACKGROUND On March 21, 2024, a felony complaint was filed in the Superior Court of Fresno County charging appellant with count 1, unlawfully driving or taking a vehicle on March 19, 2024 (Veh. Code, § 10851, subd. (a)); and count 2, receiving a stolen motor vehicle on or about March 17 through March 19, 2024 (Pen. Code, § 496d, subd. (a)). As to both counts, it was alleged the vehicle’s value exceeded $950 (Pen. Code, §§ 487/490.2, subd. (a)), appellant had one prior strike conviction, and he had one aggravated factor, that he served a prior term in prison or jail (Pen. Code, § 1170, subd. (h).) Appellant pleaded not guilty. On March 29, 2024, defense counsel filed a notification of appellant’s military status. On April 5, 2024, the day of the scheduled preliminary hearing, appellant entered into a negotiated disposition and pleaded no contest to felony count 1, unlawfully driving or taking a vehicle, and admitted the prior strike conviction and aggravating circumstance, for the indicated disposition that the court would dismiss the prior strike conviction and place him on probation if he participated in veteran’s treatment court.