People v. Vigil CA6

Filed 4/19/21 P. v. Vigil CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H048593 (Santa Clara County Plaintiff and Respondent, Super. Ct. Nos. C2007357, C2010425, C2010621) v.

SOPHIA RAQUEL VIGIL,

Defendant and Appellant.

Defendant Sophia Raquel Vigil pleaded no contest in three consolidated cases to taking or unauthorized use of a vehicle with intent to temporarily deprive the owner of possession with a specified prior (Veh. Code, § 10851, subd. (a); Pen. Code, § 666.5, subd. (a)),1 using personal identifying information without authorization (§ 530.5, subd. (a)), and second degree burglary (§ 460, subd. (b)). Defendant was sentenced to a total term in prison of three years. On appeal, defendant’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that states the case but raises no issues. We notified defendant of her right to submit written argument on her own behalf within 30 days. That period has elapsed, and we have received no response from defendant.

1 Unspecified statutory references are to the Penal Code.

Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record and determined that there are no arguable issues on appeal. We affirm the judgment. I. BACKGROUND A. Case No. C2007357 On May 19, 2020, defendant was charged by complaint with assault with a deadly weapon (§ 245, subd. (a)(1)). It was further alleged that defendant personally used a dangerous and deadly weapon in the commission of the offense. (§§ 667, 1192.7, subd. (c)(23).) B. Case No. C2010425 On July 31, 2020, defendant was charged by complaint with using personal identifying information without authorization (§ 530.5, subd. (a)). It was further alleged that defendant was on bail at the time she committed the offense. (§ 12022.1, subd. (b).) C. Case No. C2010621 On August 5, 2020, defendant was charged by complaint with carjacking where the victim is the driver of the vehicle (§ 215, subd. (a); count 1), second degree robbery (§ 212.5, subd. (c); count 2), taking or unauthorized use of a vehicle with intent to temporarily deprive the owner of possession with a specified prior (Veh. Code, § 10851, subd. (a), § 666.5, subd. (a); count 3), misdemeanor battery (§ 243, subd. (a); count 4), misdemeanor driving when a license is suspended or revoked for a DUI conviction (Veh. Code, § 14601.2, subd. (a); count 5), and misdemeanor driving when the privilege is suspended or revoked for refusal of a chemical test or driving with a blood alcohol level of 0.08 percent or more (Veh. Code, § 14601.5, subd. (a); count 6). It was further alleged that defendant was on bail at the time she committed the offenses in counts 1, 2, and 3. (§ 120221, subd. (b).)