People v. Zitzer CA6

Filed 3/10/21 P. v. Zitzer CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H047693, H047825 (Santa Clara County Plaintiff and Respondent, Super. Ct. Nos. B1801130, C1896795)

v.

ZACHARY ALAN ZITZER,

Defendant and Appellant.

In case No. C1896795, defendant Zachary Alan Zitzer pleaded no contest to buying and receiving stolen property with a value exceeding $950; possession of a forged driver’s license; and possession for sale of two controlled substances. In case No. B1801130, Zitzer pleaded no contest to identify theft; buying and receiving stolen property; possession of controlled substance paraphernalia; and possession of burglar tools. The trial court imposed an aggregate term of three years in county jail. We appointed counsel, who filed an opening brief stating the case and the facts but raising no specific issues. We notified Zitzer of his right to submit written argument on his own behalf within 30 days. The deadline has passed and we received no response. We have reviewed the entire record under People v. Wende (1979) 25 Cal.3d 436 (Wende). (See also People v. Kelly (2006) 40 Cal.4th 106 (Kelly).) We conclude there is no arguable issue on appeal, and we will affirm the judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND A. Procedural Background In case No. C1896795, the prosecution charged Zitzer with seven counts: Count 1—buying and receiving stolen property with a value exceeding $950 (Pen. Code, § 496, subd. (a))1; count 2—possession of a forged driver’s license (§ 470b); count 3— possession for sale of cocaine (Health & Saf. Code, § 11351); count 4—possession for sale of methamphetamine (Health & Saf. Code, § 11378); count 5—possession for sale of Alprazolam (Health & Saf. Code, § 11375, subd. (b)(1)); count 6—possession of controlled substance paraphernalia (Health & Saf. Code, § 11364); and count 7— possession of burglar tools (§ 466). Zitzer pleaded no contest to counts 1, 2, 4, and 5 in exchange for the reduction of count 5 to a misdemeanor under section 17 and dismissal of the remaining counts. The trial court imposed a total term of three years, consisting of the upper term of three years for count 1, concurrent 2-year terms for each of counts 2 and 4, and 10 days in county jail for count 5. In case No. B1801130, the prosecution charged Zitzer with four counts: Count 1—acquiring or retaining possession of personal identifying information of 10 or more people with intent to defraud (§ 530.5, subd. (c)(3)); count 2—buying and receiving stolen property with a value exceeding $950 (§ 496, subd. (a)); count 3—possession of controlled substance paraphernalia (Health & Saf. Code, § 11364, subd. (a)); and count 4—possession of burglar tools (§ 466). The complaint further alleged Zitzer had previously served a prior prison term. (§ 667.5, subd. (b).) Zitzer pleaded no contest to all four counts in exchange for dismissal of the prior prison term. The trial court imposed 2-year terms for each of counts 1 and 2 concurrent with the sentence imposed in case No. C1896795, and 30 days in county jail for each of counts 3 and 4 to be served concurrently.