People v. Castro CA5

Filed 1/5/15 P. v. Castro CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F066829 Plaintiff and Respondent, (Super. Ct. Nos. F11904929, v. F12601102, F12903015, F12903130, F12904523 & F12904197) EDWARD CASTRO,

Defendant and Appellant. OPINION

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Arlan L. Harrell, Judge. Joshua G. Wilson, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Poochigian, J. and Franson, J.

INTRODUCTION Appellant/defendant Edward Castro entered pleas to a series of charges based on his possession of stolen property and metal theft. He was sentenced to an aggregate term of three years. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTUAL AND PROCEDURAL HISTORY Case No. F011904929 On August 1, 2011, Alice M. contacted the Fresno County Sheriff’s Department, said a truck was parked in her driveway, and she did not know who it belonged to. A deputy checked the license plate number and determined the truck was registered to Betty V. Luis Quezada and defendant, Alice M.’s nephews, were next to the truck when the deputy arrived. They both claimed ownership of the truck. The deputy determined the truck’s steering column was damaged, the battery and part of the radiator were missing, and engine parts were spread on the ground. The deputy believed the truck had been stolen and placed defendant and Quezada in the back of his patrol car. He contacted Betty V., who said the truck had been parked at her ranch the previous day, and it was still supposed to be there. The deputy arrested defendant and Quezada for possession of the stolen truck. After being advised of the Miranda1 warnings, defendant said John Ramirez gave him the truck because he owed money to defendant. Ramirez told him to pick up the truck at Butler and McCall Avenues, where it was parked. Defendant said that around 5:30 a.m., defendant and Quezada picked up the truck from the side of the road. The steering column was already damaged. They towed the truck to their aunt’s house. Defendant denied damaging the truck.