People v. Ast CA4/1

Filed 1/8/26 P. v. Ast CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D085737

Plaintiff and Respondent,

v. (Super. Ct. No. SCE428671)

SETH EUGENE AST,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Kathleen M. Lewis, Judge. Affirmed. Matthew Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

A jury convicted Seth Eugene Ast of driving and receiving a stolen vehicle and he was sentenced to six years in prison. Ast’s appellate counsel filed a brief stating no arguable issues can be found. (See generally People v. Wende (1979) 25 Cal.3d 436 (Wende); Anders v. California (1967) 386 U.S. 738 (Anders).) We have independently reviewed the record and agree there are no reasonably arguable issues. Accordingly, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Robert Bernay is a self-employed locksmith. One morning in early November 2024, he went to his office and discovered that his Chevy box truck—containing tools worth at least $50,000—was missing. He checked his surveillance cameras and saw that the truck was driven away shortly after 11:00 p.m. the night before. The video did not clearly capture the person

entering or driving the truck.1 Bernay reported the theft to the police right away. Later that night, city cameras registered the box truck’s license plate and notified police of its location. Nearby officers promptly located the truck and initiated a traffic stop. The driver and sole occupant, Ast, was ordered out of the truck and placed under arrest. After receiving his Miranda advisements, Ast made a confusing series of statements to the police. He said that he got the truck from his work, that his brother told him to take it, and that he knew the owner’s brother. When Bernay received the truck back a few days later, its air conditioning unit had been removed from the roof—leaving a large hole—and placed on the passenger seat. A railing was damaged and about half the tools were missing. At trial, he confirmed that he does not know Ast and did not give him permission to drive his truck. His brother had been deceased for two years. The prosecution presented evidence at trial that, in 2022, Ast was pulled over driving a Chevy SUV that had been reported stolen two days earlier. Ast told police that his brother gave him the vehicle. He was arrested for driving a stolen vehicle.