People v. Silva CA2/4

Filed 4/25/16 P. v. Silva CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B263388

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA431436) v.

DEXTER SILVA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Douglas W. Sortino, Judge. Affirmed. Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Pursuant to a plea agreement, appellant Dexter Silva pled no contest to one count of first degree residential burglary (Pen. Code, § 459)1 and was sentenced in accordance with the agreement to a term of nine years. We have conducted an independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and conclude that no arguable issues exist. Accordingly, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND2 In October 2014, appellant and another person entered a parking garage of an apartment building, rummaged through several vehicles, removed property, and stole a bicycle. On December 10, 2014, appellant was charged by information with one count of first degree residential burglary. The information further alleged that appellant had served ten prior prison terms (§ 667.5, subd. (b)) and had been convicted of one strike under the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and one serious felony (§ 667, subd. (a)(1)). Appellant requested substitution of counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118. After conducting an inquiry into the reasons for appellant’s request, the trial court denied the motion. On February 5, 2015, appellant pled no contest to one count of first degree residential burglary. He admitted that he had one prior strike and one prior serious felony. He was sentenced pursuant to the plea agreement to the low term of two