People v. Paredones CA5

Filed 2/10/15 P. v. Paredones 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F067262 Plaintiff and Respondent, (Super. Ct. No. BF145504A) v.

HUGO ENRIQUE PAREDONES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael B. Lewis, Judge. Deborah Prucha and Carol Foster, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Kane, Acting P.J., Poochigian, J. and Peña, J.

Appellant Hugo Enrique Paredones pled no contest to forgery (Pen. Code, § 470, subd. (a))1 and admitted allegations that he had a prior conviction within the meaning of the three strikes law (§§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm the judgment. FACTUAL AND PROCEDURAL HISTORY On December 4, 2012, Paredones used a credit/access card, issued under the name David Aguilar, to purchase tools at a Home Depot store in Bakersfield. Paredones was stopped by police in the store parking lot as he pushed a shopping cart containing the tools. In his wallet, police found 15 credit/access cards issued under the name David Aguilar. Paredones told the officers that he had someone create a fraudulent California driver’s license to match the name on the cards so that he would be able to use them. On December 6, 2012, the district attorney filed a complaint charging Paredones with second degree burglary (count 1/§ 460, subd. (b)), receiving stolen property (count 2/§ 496, subd. (a)), and forgery (count 3). The complaint also charged Paredones with having a prior conviction within the meaning of the three strikes law. On January 23, 2013, Paredones entered his no contest plea to the forgery offense and admitted the three strikes allegation in exchange for dismissal of the remaining counts and a stipulated prison term of 32 months. On March 15, 2013, the court heard and denied Paredones’s Marsden2 motion. On April 9, 2013, defense counsel filed a Romero 3 motion.