People v. Santiago CA4/1

Filed 1/7/26 P. v. Santiago 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D085214

Plaintiff and Respondent,

v. (Super. Ct. No. SCE423903)

CESAR SANTIAGO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Herbert J. Exarhos, Judge. Affirmed. Thien Huong Tran, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

A jury found Cesar Santiago guilty of one count of robbery (Pen. Code, § 211) (count 1); two counts of unlawful driving and taking of a vehicle (Veh. Code, § 10851, subd. (a)) (counts 2 & 5); one count of carrying a loaded firearm in a vehicle (Pen. Code, § 25850, subd. (a)) (count 4); and one count of misdemeanor possession of a controlled substance (Health & Saf. Code,

§ 11377, subd. (a)) (count 7). The jury also made true findings on certain firearm allegations. (Pen. Code, §§ 12022.5, subd. (a) (count 1); 25850, subd. (c)(6) (count 4).) The trial court sentenced Santiago to a lower term sentence of five years in prison. Santiago’s appointed appellate counsel has filed a brief which raises no claims of error and asks us to review the record independently for reversible error. (See People v. Wende (1979) 25 Cal.3d 436 (Wende); Anders v. California (1967) 386 U.S. 738 (Anders).) We offered Santiago the opportunity to file his own brief on appeal, and he did so. After considering the issues raised by Santiago (People v. Kelly (2006) 40 Cal.4th 106, 110) and conducting an independent review of the entire record, we have found no arguable issues. We according affirm the judgment. I. FACTUAL AND PROCEDURAL BACKGROUND In February 2024, a man listed for sale on OfferUp an automotive tool known as a “key programmer,” which is used to reprogram the chips in electronic automobile keys. Using an OfferUp account under the name “Marc,” Santiago responded to the offer and arranged to come to the man’s house on the night of February 15, 2024, to purchase the item. While outside the man’s house, Santiago, pointed a gun at the man and took the item from him without paying for it. The man photographed Santiago’s license plate as he was driving away in a silver minivan. Law enforcement used information obtained from OfferUp to identify Santiago as a suspect, and the victim of the robbery subsequently identified Santiago in a photographic lineup and later in court. Shortly after the robbery, the silver minivan was located in a nearby shopping center parking lot. The minivan’s ignition lock cylinder had been