People v. Aldaco CA5

Filed 6/25/21 P. v. Aldaco CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F080795, F080797 Plaintiff and Respondent, (Super. Ct. Nos. BF175103A, v. BF173106A)

ANTHONY ALDACO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John D. Oglesby, Judge. Richard J. Moller, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Franson, Acting P.J., Smith, J. and Meehan, J.

Appointed counsel for appellant Anthony Aldaco asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Aldaco was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. To date, no supplemental brief has been filed. Finding no arguable error that would result in a disposition more favorable to Aldaco, we affirm. PROCEDURAL HISTORY Case No. BF175103A On February 6, 2019, the Kern County District Attorney’s Office filed an information charging Aldaco with residential burglary (Pen. Code,1 § 460, subd. (a), count 1), assault with force likely to cause great bodily injury (§ 245, subd. (a)(4), count 2), making a criminal threat (§ 422, count 3), and domestic violence (§ 273.5, subd. (a), count 4). The information further alleged that a nonparticipant was present during the commission of the burglary (§ 667.5, subd. (c)(21)), and that Aldaco had served a prior prison term (§ 667.5, subd. (b)).2 On April 3, 2019, Aldaco entered a plea of no contest to counts 3 and 4. The prosecutor dismissed all other counts and enhancement allegations in view of the plea. On June 4, 2019, the trial court suspended imposition of sentence on count 3 and placed Aldaco on formal probation for a period of three years, subject to various conditions. As to count 4, the trial court sentenced Aldaco to 176 days in county jail, with credit for time served. The trial court also imposed various fines and fees without objection by Aldaco.