People v. Sary CA6

Filed 2/23/16 P. v. Sary CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H042300 (Santa Clara County Plaintiff and Respondent, Super. Ct. Nos. C1477481, C1482139) v.

KEO TONY SARY,

Defendant and Appellant.

Defendant Keo Tony Sary was sentenced consistent with his plea agreement to four years in state prison for unauthorized use of a vehicle (Veh. Code, § 10851, subd. (a)) and the unauthorized use of another person’s identifying information (Pen. Code, § 530.5).1 Upon defendant’s timely appeal, we appointed counsel to represent him in this court. Appellate counsel filed a brief stating the case and facts but raising no issues. We notified defendant of his right to submit written argument on his own behalf and received no response. We have reviewed the entire record to determine if there are any arguable appellate issues. (People v. Wende (1979) 25 Cal.3d 436, 440–441.) We include here a brief description of the facts and procedural history of the case, and the conviction and punishment imposed. (People v. Kelly (2006) 40 Cal.4th 106, 123–124.) Finding no arguable issue, we will affirm the judgment.

1 Unspecified statutory references are to the Penal Code.

I. TRIAL COURT PROCEEDINGS This factual summary is based on police reports. In December 2013, San Jose police officers observed defendant ride a bicycle through an intersection against a “do not walk” symbol. An officer pulled his unmarked police car alongside defendant, identified himself as police officer, and asked if he could talk to defendant. Defendant agreed and volunteered that he was on parole. With his partner, the officer verified defendant’s parole status and conducted a parole search. Inside defendant’s backpack the officers found Internal Revenue Service documents with two names, an address, and a social security number that did not match defendant’s information. Defendant claimed he had received the tax documents from a friend he was helping with taxes, but defendant stated he did not know the person listed on the documents. Defendant refused to provide contact information for the friend. Officers also found a credit card in defendant’s wallet with the name of someone other than defendant, which defendant claimed he had found on the ground. Defendant was charged in case No. C1482139 with unauthorized use of another person’s identifying information (§ 530.5); receiving stolen property (§ 496, subd. (a)); and appropriating lost property (§§ 485–488). That complaint also alleged one prior serious or violent felony conviction (§ 667, subds. (b)–(i)) and one prior prison term (§ 667.5, subd. (b)). In February 2014, San Jose Police Department patrol officers ran a records check on a parked car and discovered it had been reported stolen.2 The officers conducted an inventory search of the car and found a backpack containing a bail agreement for defendant and two checks with the payee names washed off. Officers also found the following items belonging or issued to individuals other than defendant: an insurance