People v. Alvarez CA6

Filed 7/15/16 P. v. Alvarez CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H042747 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS131262B)

v.

DANIEL ALVAREZ,

Defendant and Appellant.

Defendant Daniel Alvarez pleaded no contest to two felony charges in September 2013, for which the trial court suspended imposition of sentence and placed Alvarez on three years of formal probation beginning on October 30, 2013. The Monterey County District Attorney subsequently filed several separate petitions alleging violations of probation. The petition on the third probation violation contained two allegations: (1) providing false information to a peace officer (Pen. Code, § 148, subd. (a)(1)),1 and (2) associating with a known gang member. Alvarez admitted the second allegation. The trial court sentenced Alvarez to the maximum penalty under the original plea agreement of three years on the first count pleaded and eight months consecutive on the other count, but suspended execution of the sentence for three years from the date of Alvarez’s original grant of probation. Alvarez appeals from the judgment; he does not challenge the validity of the plea. We appointed counsel to represent Alvarez in this court. On appeal, his counsel has filed

1 Unspecified statutory references are to the Penal Code.

an opening brief in which no issues are raised and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. Counsel has declared that Alvarez was notified that an independent review under Wende was being requested. We advised Alvarez of his right to submit written argument on his own behalf within 30 days. Thirty days have elapsed, and Alvarez has not submitted a letter brief. Pursuant to Wende, we have reviewed the entire record and have concluded that there are no arguable issues. We will provide “a brief description of the facts and procedural history of the case, the crimes of which the defendant was convicted, and the punishment imposed.” (People v. Kelly (2006) 40 Cal.4th 106, 110.) FACTUAL AND PROCEDURAL BACKGROUND Monterey County sheriff deputies arrested Alvarez on June 20, 2013, for conspiring to conceal evidence.2 Alvarez’s older brother was on probation and had been arrested the day before. Deputies reviewing jail phone calls between Alvarez’s brother and the brother’s girlfriend understood the brother tell the girlfriend to relay a message to Alvarez to clean out any contraband in anticipation of a probation compliance search. Alvarez’s brother later contacted Alvarez and asked him if he had those “other things” and to call someone to pick them up. The subsequent compliance search conducted at Alvarez’s residence, which he shares with his brother and other family members, uncovered suspected methamphetamine stored in baggies in a hole cut into Alvarez’s mattress in his bedroom, new plastic baggies, a digital scale, a gang related drawing, a gang notation scratched onto his cell phone, and red and green jerseys and clothing. Text messages showed messages from Alvarez’s brother’s girlfriend to Alvarez, instructing him to conceal items