People v. Cordero CA5

Filed 8/2/21 P. v. Cordero 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F080386 Plaintiff and Respondent, (Kern Super. Ct. No. BF167659A) v.

JESSE BUSTAMANTE CORDERO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John D. Oglesby, Judge. Joseph M. Ahart, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Detjen, J.

INTRODUCTION Appellant and defendant Jesse Bustamante Cordero entered into a negotiated disposition and was sentenced to prison. 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 March 5, 2017, Khoshhal Ahadi reported that his 1972 orange Chevrolet C-10 pickup truck had been taken from his business on Golden State Avenue in Bakersfield, where it had been parked. Mr. Ahadi stated he locked the doors, kept the keys, and did not give anyone permission to take the vehicle. There was broken glass on the ground where the truck was parked. Mr. Ahadi posted a notice and description about his stolen truck on Craig’s List. An anonymous respondent told him to check a particular residence on Ray Street. Mr. Ahadi drove by the residence, saw his truck in the backyard, and called the police. An officer responded to the residence and spoke to defendant’s wife and stepson, who said they saw defendant drive the orange truck from the street and park it behind their family residence earlier that morning. The driver’s side door window was broken, and the truck’s front end was spray painted black. Defendant had a prior conviction for unlawfully taking or driving a vehicle in 2002 (Veh. Code, § 10851). PROCEDURAL BACKGROUND On April 19, 2017, an information was filed in the Superior Court of Kern County charging defendant with count 1, felony receiving a stolen vehicle (Pen. Code, § 496d,

1 The following facts are from the preliminary hearing.