People v. Zubia CA5

Filed 8/2/21 P. v. Zubia 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F080850 Plaintiff and Respondent, (Fresno Super. Ct. No. F18905432) v.

ARTHUR ZUBIA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jon N. Kapetan, Judge. Alex Green, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P.J., Meehan, J. and De Santos, J.

INTRODUCTION Appellant and defendant Arthur Zubia pleaded no contest to felony vandalism and was placed on probation. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) We affirm. FACTS1 On August 1, 2018, officers from the Clovis Police Department received a report from a couple that they believed defendant, their neighbor, vandalized their car by scraping paint from the entire passenger side. They reported that they saw him on their security camera walking around the car at 3:00 a.m. the prior morning. Later that day, the officers again responded to the couple’s residence because of a disturbance where defendant confronted the husband and threatened to beat him up. The officers contacted defendant at his home, arrested him, and advised him of the warnings pursuant to Miranda v. Arizona (1966) 384 U.S. 436. Defendant admitted he used a piece of metal to damage the vehicle. PROCEDURAL BACKGROUND On April 30, 2019, an information was filed in the Superior Court of Fresno County charging defendant with count 1, felony vandalism causing damage over $400 (Pen. Code, § 594, subd. (b)(1)),2 with one prior strike conviction (§§ 667, subds. (b)–(i) & 1170.12, subds. (a)–(d)). Plea On June 20, 2019, defendant entered into a negotiated disposition and pleaded no contest to count 1, for felony probation and dismissal of the prior strike conviction, and imposition of stipulated victim restitution of $1,624.65.

1 The following facts are from the preliminary hearing. 2 All further statutory citations are to the Penal Code unless otherwise indicated.