People v. Rose CA3

Filed 7/10/15 P. v. Rose CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE,

Plaintiff and Respondent, C078176

v. (Super. Ct. Nos. CM041774, CM039843) SCOTT ALEXANDER ROSE,

Defendant and Appellant.

Appointed counsel for defendant Scott Alexander Rose asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

1

I On October 22, 2013, a Chico police officer observed several vehicle code violations on the motor home that defendant was driving and stopped the motor home. Defendant admitted to the officer that he had marijuana in the center console of the motor home. The officer searched the motor home and found 2.15 grams of marijuana, loaded firearms, and drug paraphernalia. The officer also found “numerous altered, blank, and pre-paid credit cards,” along with “numerous jiggler keys, key blanks, key templates, bump keys, shaved keys and other fraudulent items.” Defendant was arrested. The People later charged defendant with several felonies and misdemeanors in Butte County Superior Court, case No. CM039843 (case No. 843). Defendant pleaded no contest to theft of the personal identifying information of 10 or more persons (Pen. Code, § 530.5, subd. (c)(3))1 and carrying a concealed weapon within a vehicle (§ 25400, subd. (a)(1)). In exchange for his plea, the People dismissed the remaining charges. The trial court suspended imposition of sentence, placed defendant on formal probation for a period of three years, and imposed various fines and fees, including a $280 probation revocation fine under section 1202.44. The trial court subsequently ordered defendant to pay direct victim restitution totaling $2,250. On July 17, 2014, John Schreiber reported that his vehicle had been burglarized two days earlier. Schreiber reported the following items stolen from his locked vehicle: his driver’s license, access cards, checks, computer equipment, and keys. Schreiber told the investigating officer that after the items were stolen from his car, lines of credit were opened in his name at various retail stores. Watching surveillance videos from several of those retail stores, law enforcement identified defendant as one of the two people involved in the fraudulent activity.