People v. Wright CA3

Filed 4/28/21 P. v. Wright CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C090942

Plaintiff and Respondent, (Super. Ct. No. STKCRFE20190004681) v.

DAREN LEWIS WRIGHT ,

Defendant and Appellant.

Appointed counsel for defendant Daren Lewis Wright filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After examining the record, we find no arguable error that would result in a disposition more favorable to defendant and affirm. I. BACKGROUND In September 2019, defendant was charged in an amended information with multiple counts of second degree burglary of various commercial establishments in San

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Joaquin County (Pen. Code, § 459—counts 1 & 5-10),1 as well as vandalism (§ 594, subd. (a)(2)—counts 2 & 4) and attempted burglary (§§ 664, 459—count 3).2 For all counts, it was alleged defendant had a prior strike conviction (§§ 667, subd. (d), 1170.12, subd. (b)). On September 23, 2019, defendant made a Marsden motion to relieve his appointed counsel. The trial court denied the motion. The following day, on September 24, 2019, defendant pled no contest to count 10, second degree burglary of Popeye’s, and admitted the strike prior. He requested immediate sentencing. The remaining counts and allegations were dismissed with a Harvey3 waiver. The parties stipulated that the preliminary hearing transcript could serve as the factual basis for the plea. As relevant to count 10, the testimony at the preliminary hearing showed the following: On November 23, 2018, Manteca Police Officer Stephen Smith responded to a call for a possible burglary at Popeye’s restaurant. According to the report, a man wearing a red sweater was inside the business prying the safe. When he arrived, Smith encountered a man, later identified as defendant, near the east side of the Popeye’s building.

1 Further undesignated statutory references are to the Penal Code. 2 Defendant was charged with the second degree burglary of Buggy Bath on January 21, 2019 (count 1), vandalism on that same date (count 2), attempted second degree burglary of Fremont Car Wash on January 23, 2019 (count 3), vandalism that same date (count 4), second degree burglary of Little Caesar’s Pizza on September 11, 2018 (count 5), second degree burglary of Gian’s Delicatessen on October 22, 2018 (count 6), second degree burglary of Tacos Chapala on October 29, 2018 (count 7), second degree burglary of Dollar Tree on November 2, 2018 (count 8), second degree burglary of Papa Murphy’s on November 2, 2018 (count 9), and second degree burglary of Popeye’s on November 23, 2018 (count 10). 3 People v. Harvey (1979) 25 Cal.3d 754.