People v. Chavez-Garcia CA2/6

Filed 6/13/16 P. v. Chavez-Garcia CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B267631 (Super. Ct. No. BA439257-01) Plaintiff and Respondent, (Los Angeles County)

v.

JHONY DIONICIO CHAVEZ-GARCIA,

Defendant and Appellant.

Jhony Dionicio Chavez-Garcia appeals from the judgment entered after he had pleaded guilty to possession of methamphetamine for the purpose of sale. (Health & Saf. Code, § 11378.) Appellant expressly waived his right to a preliminary hearing and to a jury trial. He did not file a motion to suppress evidence. The trial court suspended the imposition of sentence and placed him on formal probation for three years on condition that he pays specified fines and fees and that he perform 200 hours of community service for the California Department of Transportation (Caltrans). Appellant subsequently violated probation and it was revoked. Probation was reinstated on the same terms and conditions except that appellant was required to serve 180 days in county jail. We appointed counsel to represent appellant in this appeal. After counsel's review of the record, she filed an opening brief raising no issues. Counsel and this court

advised appellant that he could personally file a supplemental brief. Counsel mailed him copies of the opening brief and record on appeal. On May 31, 2016, appellant filed a lengthy supplemental brief entitled, "DECLARATION OF JHONY DIONICIO CHAVEZ GARCIA IN SUPPORT APPEAL PETITION AND REQUEST FOR ADMISSIONS." We "describe[] the contentions personally raised by [appellant] and the reasons those contentions fail." (People v. Kelly (2006) 40 Cal.4th 106, 124.) Appellant contends: (1) "the record does not support the non-trial judge's conclusion that he knowingly, intelligently, and voluntarily waived his right to trial with jurors," (2) "the evidence at the time of the arrest was not properly obtained," and (3) "the prosecutor did not honor the plea bargain of entering a plea of guilty in exchange for 200 hours of Caltrans community service and two years of probation." Appellant asserts that the prosecutor "assured [him that] in exchange for [his] plea [he] would not serve jail time or be subject to pay monetary restitution" and that he would be on probation for two years. Instead, he was placed on probation for three years on condition that he serve "a few months in jail, [pay] a fine close to $3,200, [and perform] 200 hours of community service at Caltrans." The first two contentions are forfeited because they are conclusory. They are not supported by record references, citations to authority, or meaningful analysis. (See People v. Roberto V. (2001) 93 Cal.App.4th 1350, 1364, fn. 6.) Appellant also forfeited the second contention that "the evidence at the time of the arrest was not properly obtained" because he did not move to suppress the evidence. (Pen. Code, § 1538.5, subd. (m).) As to the third contention, the record shows that no jail time was imposed as a condition of the original probation. Appellant was not misled to believe that, if he violated probation, no jail time would be imposed. The trial judge informed him, "[I]f you violate the terms and conditions of your probation, . . . I could sentence you up to three years in custody."