People v. Braggs CA3

Filed 10/24/13 P. v. Braggs CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin)

THE PEOPLE, C073422

Plaintiff and Respondent, (Super. Ct. Nos SF120037A & SF122475A) v.

JAMAL DUPREE BRAGGS,

Defendant and Appellant.

This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). In April 2012 defendant forged a check. He was charged in San Joaquin County case No. SF120037A with forgery in violation of Penal Code section 470, subdivision (d)1 and receipt of stolen property in violation of section 496, subdivision (a). It was further alleged that defendant served three prior prison terms, as described in section 667.5, subdivision (b) and was previously convicted of a serious felony (§§ 1170.12, subd. (b), 667, subd. (d)).

1 Undesignated statutory references are to the Penal Code.

1

Defendant pled guilty to forgery. In exchange for his plea, imposition of sentence was suspended and defendant was ordered to serve five years of formal probation and pay various fines and fees. The remaining charges were dismissed and the enhancements stricken, in light of the plea agreement. In August 2012 the People filed a petition alleging defendant violated his probation by failing to report to the probation department. In December 2012 defendant was driving a vehicle in a dangerous and reckless manner. Law enforcement pursued defendant and directed him to stop. When defendant stopped the vehicle, he pushed the passengers out, including a child who was not yet one year old. Defendant was subsequently charged in San Joaquin County case No. SF122475A with felony child endangerment (§ 273a, subd. (a)), reckless driving (Veh. Code, § 23103), resisting a peace officer (§ 148), and driving without a license (Veh. Code, § 12500, subd. (a)). Defendant pled guilty to child endangerment. He also admitted violating his probation in case No. SF120037A. In exchange for his plea and admission, the People agreed to a four-year prison term on the conviction for child endangerment and that he would serve his 16-month prison sentence in case No. SF120037A concurrently. The remaining charges in case No. SF122475A were dismissed in the interest of justice and an unrelated matter, San Joaquin County case No. SM280914A, also was dismissed. Defendant was sentenced in accordance with his plea and the court ordered him to pay various fines and fees. Defendant appeals. The trial court denied defendant’s request for a certificate of probable cause. (§ 1237.5.) We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d