People v. Soult CA1/1

Filed 3/24/16 P. v. Soult CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, Plaintiff and Respondent, A146215 v. NICOLE SOULT, (San Mateo County Super. Ct. No. SC082658A) Defendant and Appellant.

Defendant Nicole Soult appeals from a judgment entered on her plea. Her appellate counsel asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Soult filed no supplemental brief, although she was informed of her right to do so. We conclude that there are no arguable issues and affirm. Soult was charged with residential burglary and several other felony and misdemeanor offenses.1 On January 28, 2015, she filed a motion to suppress evidence

1 The charges in the information filed on January 23, 2015, are as follows: count 1— residential burglary (felony violation of Penal Code § 460, subd. (a)); count 2—bringing a controlled substance into a jail (felony violation of Penal Code § 4573); counts 3 and 5—possession of, and being under the influence of, a controlled substance (misdemeanor violations of Health & Saf. Code §§ 11350, subd. (a), 11550, subd. (a)); counts 4 and 8— receiving stolen property (misdemeanor violations of Penal Code § 496, subd. (a)); count 6—receiving stolen motor vehicle trailer (felony violation of Penal Code § 496d, subd. (a)); count 7—unlawfully obtaining the personal identifying information of another and use of that information to commit a crime (felony violation of Penal Code § 530.5). The information also alleged count 1 to be a serious felony (Penal Code § 1192.7, subd. (c)(18)) and that Soult committed the offenses charged in counts 6 and 7 while she was released on bail (Penal Code § 12022.1).

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material to the charge of residential burglary. After the trial court heard and denied the motion to suppress, Soult entered no-contest pleas on count 1 (residential burglary), count 2 (bringing a controlled substance into a jail), and count 7 (unlawfully obtaining the personal identifying information of another and using it to commit a crime). In doing so, she admitted that count 1 was a serious felony under Penal Code section 1192.7 and that she committed the count 7 offense while on bail. In return, she was promised that she would serve no more than two years in state prison if probation were denied. The other counts and allegations were dismissed with a waiver under People v. Harvey (1979) 25 Cal.3d 754.2 The trial court sentenced Soult to two years in state prison, which was composed of a low term of two years on count 1, a low term of two years on count 2, and a midterm of two years on count 7, with the time imposed on counts 2 and 7 to be served concurrently with the time imposed on count 1. The court also ordered Soult to pay various fines and fees and to pay victim restitution in amounts to be determined. Soult filed a notice of appeal challenging the denial of her motion to suppress evidence material to the residential-burglary conviction on count 1. She did not, however, obtain a certificate of probable cause under Penal Code section 1237.5.3