People v. Kuck CA6

Filed 10/30/13 P. v. Kuck CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H038724 (San Benito County Plaintiff and Respondent, Super. Ct. Nos. CR-10-00288, CR-07-02437) v.

LEE ALLEN KUCK,

Defendant and Appellant.

On July 26, 2012, pursuant to a negotiated disposition, Lee Kuck (defendant) admitted that he had violated his probation in case numbers CR-10-00288 (case no. 0288) and CR-07-02437 (case no. 2437). In exchange for his admission, defendant was promised a prison term of two years six months in case no. 0288 and eight months in case no. 2437. On August 16, 2012, the court sentenced defendant according to the terms of the negotiated disposition. Defendant filed a timely notice of appeal. He sought, and was granted a certificate of probable cause. In his request for a certificate of probable cause, defendant alleged that he "did not knowingly and intelligently waive" his "constitutional rights" during all

his court hearings up to and including "his sentencing hearings." In addition his due process rights were "in fact violated."1 Defendant's appointed counsel has filed an opening brief in which no issues are raised and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel has declared that defendant was notified that no issues were being raised by counsel on appeal and that an independent review under Wende was being requested. On July 5, 2013, we notified defendant of his right to submit written argument on his own behalf within 30 days. That time has passed and we have not received a response from defendant. Pursuant to Wende, supra, 25 Cal.3d 436, we have reviewed the entire record and have concluded there are no arguable issues on appeal. Pursuant to People v. Kelly (2006) 40 Cal.4th 106, we provide "a brief description of the facts and procedural history of the case, the crimes of which the defendant was convicted, and the punishment imposed." (Id. at p. 110.) Facts and Proceedings Below Case No. 02882 On February 4, 2010, Hollister Police Officer Rodriguez went to Marguerite Maze Middle School in response to a report of female students being followed by a suspicious vehicle. When he arrived he saw three adult males walking through the basketball court where a physical education class was in progress. Officer Rodriguez learned that one of the three men had an outstanding misdemeanor warrant; Officer Rodriquez took him into custody.