People v. Taboada CA5

Filed 9/14/15 P. v. Taboada 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069051 Plaintiff and Respondent, (Super. Ct. No. 1451709) v.

MICHAEL FRANCIS TABOADA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Scott T. Steffen, Judge. Alison E. Kaylor, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Detjen, J. and Smith, J.

INTRODUCTION On November 20, 2012, appellant Michael Francis Taboada was charged with three felony offenses. On December 4, 2012, Taboada pled no contest to one felony count, receiving stolen property, in exchange for dismissal of all other charges. On April 9, 2013, Taboada indicated he wished to withdraw his plea. Based upon Taboada’s allegations, the trial court interpreted the request as a motion pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden), and new counsel was appointed. New counsel filed a motion to withdraw the plea, which was denied. Taboada filed a notice of appeal on March 12, 2014. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. We will affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY Because no trial occurred, the facts are taken from documents in the record. Taboada’s codefendant, Lonny Leo Mitzel, worked for Room Xpress, a furniture store owned by Ralph Vo. Mitzel and Taboada were roommates and rented a room from Deborah Meverden. Mitzel would steal furniture from Room Xpress and bring it to Taboada and Mitzel’s residence. Taboada and Mitzel were paying their rent in the form of furniture, holding yard sales and selling furniture and bringing home pieces of furniture that later were picked up by other individuals. In September 2012, Meverden confronted Taboada and Mitzel about the furniture. She and Taboada got into an argument; he struck her with a broomstick and threatened to kill her if she reported them. Meverden contacted Vo and reported Taboada and Mitzel’s activities involving the furniture. After being contacted by Meverden, Vo contacted the Modesto Police Department. On November 17, 2012, officers executed a search warrant at Taboada and Mitzel’s residence, as well as at a storage unit the two rented. Officers found approximately $60,000 worth of furniture between the two locations.