People v. Harris CA1/3

Filed 7/29/15 P. v. Harris CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A143606 v. GRADY LEE HARRIS, (San Mateo County Super. Ct. No. SC078374A) Defendant and Appellant.

Defendant Grady Lee Harris appeals from the revocation of his probation and his commitment to state prison. His attorney has asked this court for an independent review of the record to determine whether there are any arguable issues for review. (Anders v. California (1967) 386 U.S. 738, 744; People v. Kelly (2006) 40 Cal.4th 106, 119; People v. Wende (1979) 25 Cal.3d 436, 441-442.) Defendant was informed of his right to file a supplemental brief and did not do so. Having independently reviewed the record, we conclude there are no issues requiring further briefing and shall affirm the judgment and order revoking probation. Factual and Procedural Background There was no preliminary hearing or trial. The probation officer’s report sets forth the following factual allegations.

1

On May 23, 2013, defendant and another man used fraudulent “access cards” (credit or debit cards)1 to purchase merchandise and gift cards at a department store. Store security staff contacted the police. Police officers, upon arriving at the store, saw the men run through the parking lot and enter a vehicle without license plates. The officers stopped the vehicle, which was driven by defendant and registered to him under a known alias. A search of defendant’s person found a dozen access cards that were “skimmed,” meaning they had account numbers encoded on the magnetic strip that were different from the account numbers embossed on the front of the card. The police located a laptop computer in defendant’s vehicle, which defendant admitted belonged to him. A search of the computer revealed files containing credit card account numbers and account holder names. The police also found a loaded handgun in the trunk of defendant’s vehicle. A complaint with 10 counts for fraud, theft and firearm offenses was filed on May 28, 2013. On June 24, 2013, pursuant to a negotiated disposition, defendant entered a no contest plea to three felony counts: second degree burglary (entering a store with intent to commit larceny) (§§ 459, 460, subd. (b)), grand theft (unauthorized acquisition of access card account information with fraudulent intent) (§ 484e, subd. (d)), and being a felon in possession of a firearm (§ 29800, subd. (a)(1)). All other charges were dismissed in exchange for defendant’s plea, with the understanding that the court could consider at sentencing the facts underlying the dismissed counts. (People v. Harvey (1979) 25 Cal.3d 754, 758.) Defendant was promised a maximum prison sentence of three years if served immediately or, if granted probation, a maximum suspended sentence of four years four months that would be served if probation was violated and the sentence ordered executed. Defendant completed a written waiver of rights signed by himself and his attorney. The