People v. Spencer CA2/4

Filed 2/24/21 P. v. Spencer CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B303614

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos.YA100269, v. YA100614)

DONALD RAY SPENCER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Hector M. Guzman, Judge. Affirmed. Stephanie L. Gunther, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION Appellant Donald Spencer pled guilty to possession of a firearm by a felon and grand theft. Because he did not receive a certificate of probable cause, his appeal is limited to matters occurring after entry of his plea which do not affect the validity of the plea. (Cal. Rules of Court, rule 8.304(b)(4).) Appellant’s counsel filed an opening brief that raised no issues and requested independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We have conducted an independent examination of the entire record and conclude no arguable issues exist. We therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND The Los Angeles County District Attorney charged appellant by information on August 28, 2019 in case number YA100269 with felony possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1); count one),1 felony unlawful possession of ammunition (§ 30305, subd. (a)(1); count two), and grand theft (§ 487, subd. (a); count three). Appellant was charged in a separate information on September 12, 2019 in case number YA100614 with second degree commercial burglary (Pen. Code, § 459; count one), and grand theft (§ 487, subd. (a); count two). In both cases, the information further alleged that appellant suffered a prior strike conviction (§§ 667, subd. (d), 1170.12, subd. (b)), and served three prior prison terms (§ 667.5, subd. (b)). At the preliminary hearing on case number YA100269, the prosecution presented evidence that on May 8, 2019 appellant stole $554 worth of tequila from a “Bevmo” store. On May 21,

1Allfurther statutory references are to the Penal Code unless otherwise indicated.