People v. Shay CA6

Filed 11/21/14 P. v. Shay CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H041024 (Santa Clara County Plaintiff and Respondent, Super. Ct. Nos. C1474239, C1475290)

v.

MICHAEL EDWARDS SHAY,

Defendant and Appellant.

By letter dated August 1, 2014, this court invited defendant Michael Shay to submit any arguments on his own behalf because his appointed appellate counsel filed a brief which did not identify any arguable appellate issues. Defendant has not responded to our letter. We will review the entire record to determine whether appointed counsel has correctly determined there are no arguable issues. (People v. Wende (1979) 25 Cal.3d 436, 441.) In performing our review, we are required to give a brief description of the facts, the procedural history, the crimes of which the defendant was convicted, the punishment imposed, and to address any contentions personally raised by the defendant. (People v. Kelly (2006) 40 Cal.4th 106, 124.) On February 27, 2014, defendant agreed to resolve four pending criminal cases by entering the following no contest pleas: vehicle theft (count 1; Veh. Code, § 10851, subd. (a)) and receiving a stolen license plate (count 2; Pen. Code, § 496, subd. (a))1, both

1 Unspecified section references are to the Penal Code.

as felonies, in Santa Clara County Superior Court case No. 1474239, and unauthorized use of personal identifying information (count 1; § 530.5, subd. (a)) and second degree burglary (count 2; §§ 459-460, subd. (b)), also as felonies, in Santa Clara County Superior Court case No. C1475290. He admitted having served a county jail term following a 2010 conviction of possessing a controlled substance. (§ 667.5, subd. (b); Health & Saf. Code, § 11378.) The third case (No. B1369066) and fourth case (No. B1369767) each involved misdemeanor charges of driving on a suspended license after a 2009 conviction of the same crime. (Veh. Code, § 14601.1.) Defendant admitted the prior conviction and pleaded no contest to the misdemeanor charges. Defendant accepted a court offer of formal probation in the felony cases with nine months in jail as a probation condition. At the change of plea hearing, he acknowledged he had understood and signed an eight-page advisement and waiver of rights plea form and he orally confirmed his waiver of trial rights.2 In the two felony cases, the court suspended imposition of sentence for three years and placed defendant on formal probation with a variety of conditions, including nine months in jail to run concurrently in each case, warrantless search, chemical testing3, and staying away from the burglarized Walmart store as well as the individual victims of vehicle theft and identity theft. The court awarded 212 days of presentence credits in case No. C1474239 and 168 days of presentence credits in case No. C1475290, half derived from actual days in custody and half from conduct credits.