People v. Nevarez CA2/8

Filed 12/16/20 P. v. Nevarez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B304837

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA150215) v.

CAMILO ILARIO NEVAREZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael A. Cowell, Judge. Affirmed.

Susan L. Ferguson, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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We review this appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. On April 10, 2019, Camilo Ilario Nevarez was charged with one count of multiple identifying information theft in violation of Penal Code section 530.5, subdivision (c)(3), and one count of possession of a smoking device in violation of Health and Safety Code section 11364. It was further alleged Nevarez had suffered several prior convictions for which a prison term was served as described in Penal Code section 667.5.1 On August 13, 2019, Nevarez completed a felony advisement of rights, waiver, and plea form in which he indicated he intended to plead no contest to information theft. In exchange for his plea, the People agreed to dismiss the remaining count and allegations. Nevarez agreed to be placed on probation for three years and to enter a one-year residential drug treatment program at the Salvation Army as a condition of probation. On August 13, 2019, Nevarez entered a no contest plea and was so sentenced. On September 20, 2019, the court was advised defendant had not entered the drug treatment program or any other program and had failed to report thereafter to probation. The court preliminarily revoked defendant’s probation and issued a warrant for his arrest. On February 11, 2020, Nevarez appeared with counsel in court. At Nevarez’s request, the court gave an indicated sentence of two years. Nevarez accepted the court’s indicated sentence, orally waived his rights, and admitted violating probation. The court found Nevarez in violation of probation and sentenced him