People v. Villareal CA2/4

Filed 2/26/16 P. v. Villareal CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B265182 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. KA103488)

v.

RUFUS VILLAREAL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Wade D. Olson, Judge. Affirmed. Brad Kaiserman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

In the underlying action, pursuant to a plea agreement, appellant Rufus Villareal pleaded nolo contendere to charges of receiving a stolen motor vehicle and possession of a controlled substance. Later, he filed a petition or resentencing under Penal Code section 1170.18, a provision enacted pursuant to Proposition 47 that permits defendants convicted of certain felonies to be resentenced as if convicted of a misdemeanor. The trial court granted the petition in part and denied it in part, concluding that only appellant’s conviction for possession of a controlled substance was eligible for resentencing. After an appeal was noticed from that ruling, appellant’s court-appointed counsel filed an opening brief raising no issues. Following our independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we conclude that no arguable issues exist, and affirm the ruling on the petition for resentencing.

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND On December 10, 2013, an information was filed, charging appellant in count one with receiving a stolen motor vehicle (Pen. Code, § 496d), and in count two with possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). Accompanying the charges were allegations that appellant had suffered four prior convictions (Pen. Code, § 667.5, subd. (b)).1 On the same date, pursuant to a plea argument, appellant pleaded nolo contendere to the charges and admitted the special allegations. The trial court placed appellant on probation for three years, subject to a suspended sentence of seven years and eight months in prison, comprising terms of three years on count one, eight months on count two, and four years for the prior convictions.