People v. Sandoval CA3

Filed 2/27/15 P. v. Sandoval CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sutter) ----

THE PEOPLE, C076536

Plaintiff and Respondent, (Super. Ct. Nos. CRF13-0477, CRF13-1205, CRF14-0051) v.

DARION JOSIAH SANDOVAL,

Defendant and Appellant.

Appointed counsel for defendant Darion Josiah Sandoval asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

Case Nos. CRF13-0477 and CRF13-1205

In case No. CRF13-0477, defendant was charged with unlawfully driving or taking a vehicle without the consent of the owner (Veh. Code, § 10851—count 1); unlawfully giving away or offering to give away, transporting, or offering or attempting to transport not more than 28.5 grams of marijuana (Health & Saf. Code, § 11360, subd. (b)—count 2); theft of property valued at not more than $950 (Pen. Code, § 484—count 3);1 and driving a vehicle without a license (Veh. Code, § 12500, subd. (a)—count 4). Defendant was also charged in a trailing case, case No. CRM13-0620, with misdemeanor battery (Pen. Code, § 242), though this misdemeanor case was later dismissed as part of defendant’s plea deal.

Defendant was thereafter charged, in case No. CRF13-1205, with receiving stolen property (§ 496, subd. (a)—count 1); driving a vehicle without a license (Veh. Code, § 12500, subd. (a)—count 2); driving with an alcoholic beverage while under 21 years of age and unaccompanied by a parent or legal guardian (Veh. Code, § 23224, subd. (a)— count 3); failing to use a distribution of light or composite beam so that glaring rays are not projected into the eyes of an oncoming driver within 500 feet (Veh. Code, § 24409, subd. (a)—count 4); driving without proof of insurance (Veh. Code, § 16028, subd. (a); count 5); and possession of not more than one ounce of marijuana (Health & Saf. Code, § 11357, subd. (b)—count 6).