People v. Garrett CA5

Filed 5/5/22 P. v. Garrett 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082359 Plaintiff and Respondent, (Super. Ct. No. RF008446A) v.

JEFFREY MICHAEL GARRETT, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, Judge. James E. Jones, 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 Detjen, Acting P. J., Franson, J. and Smith, J.

STATEMENT OF APPEALABILITY This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the judgment. We provide the following description of the procedural history and facts of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) STATEMENT OF THE CASE On September 11, 2020, Jeffrey Michael Garrett was accused, by information of one felony count of unlawful driving of a vehicle (Veh. Code, § 10851, subd. (a)) and it was alleged that he had two prior serious or violent felony convictions (Pen. Code, §§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e).) On October 29, 2020, after initially entering a not guilty plea and denying the allegations, Garrett pleaded no contest to the count and admitted both prior convictions. On November 30, 2020, Garrett requested a change in appointed counsel. A Marsden1 hearing was held, and the request was denied. At sentencing on January 8, 2021, the trial court struck the two prior felony conviction allegations and sentenced Garrett to the middle term of two years, with actual and conduct credit for times served. Various fines and fees were imposed. STATEMENT OF THE FACTS2 On June 14, 2020, Garrett operated a motor vehicle without the permission of the owner. DISCUSSION Garrett filed a notice of appeal on February 5, 2021. Garrett’s appointed appellate counsel has filed an opening brief that summarizes the pertinent facts, raises no issues,

1 People v. Marsden (1970) 2 Cal.3d 118. 2 Because Garrett pleaded no contest, the statement of the facts is taken from the preliminary hearing.