People v. Irlas CA5

Filed 9/13/16 P. v. Irlas CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F072026 Plaintiff and Respondent, (Super. Ct. Nos. F15900868 & v. F15902327)

FERNANDO ALBIDREZ IRLAS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Ralph Nunez, Judge. (Retired Judge of the Fresno Sup. Ct. assigned by the Chief Justice pursuant to article VI, § 6 of the Cal. Const.) Stephanie L. Gunther, under appointment by the Court of Appeal, for Plaintiff and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P.J., Franson, J. and McCabe, J.† † Judge of the Merced Superior Court assigned by the Chief Justice pursuant to article IV, section 6 of the California Constitution.

In case No. F15900868, appellant Fernando Albidrez Irlas pled no contest to vehicle theft with a prior (Veh. Code, § 10851, subd. (e)) and admitted a prior prison term enhancement (Pen. Code, § 667.5, subd. (b)).1 In case No. F15902327, Irlas also pled no contest to vehicle theft with a prior. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On January 9, 2015, while conducting vehicle checks, a community service officer located a stolen Toyota pickup truck and notified police officers. Police officers subsequently stopped Irlas as he drove the truck using a “shaved key.” Irlas was on mandatory supervision at the time (case No. F15900868). On February 11, 2015, the district attorney filed a complaint in case No. 15900868 charging Irlas with vehicle theft (count 1/Veh. Code, § 10851, subd. (a)), receiving a stolen vehicle (count 2/§ 496d, subd, (a)), driving while his driving privilege was suspended (count 3/Veh. Code, § 14601.2, subd. (a)), a prior prison term enhancement and with having a prior theft related conviction (§ 666.5). On April 13, 2015, at approximately 7:01 a.m., police officers ran a check on a Toyota pickup truck that was approaching them and discovered that the truck was stolen. The officers made a U-turn and stopped the truck, which was being driven by Irlas. When Irlas threw a set of keys out of the window as instructed, the officers discovered that he was operating the truck with a “shaved key.” Irlas spontaneously stated that a friend had just lent him the truck (case No. F15902327). On April 14, 2015, the district attorney filed a complaint in case No. F15902327 charging Irlas with one count of vehicle theft (count 1), receiving a stolen vehicle (count 2/ Veh. Code § 496d, subd. (a)), driving when his privilege to drive was