People v. Chan CA5

Filed 6/15/22 P. v. Chan 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082244 Plaintiff and Respondent, (Tuolumne Super. Ct. v. No. CRF59734)

CESAR BIADO CHAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tuolumne County. Kevin M. Seibert, Judge. Lindsey K. Terry, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and Meehan, J.

INTRODUCTION Appellant and defendant Cesar Biado Chan was stopped while driving a rental car that was reported stolen. He was charged and convicted of felony receiving a stolen vehicle (Pen. Code, §496d, subd. (a))1 and sentenced to two years in 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. FACTS Appellant was arrested because he was driving a stolen Ford Mustang in Tuolumne County. The history of the stolen vehicle, however, began in Santa Clara County. Officer Correia of the Palo Alto Police Department was part of Santa Clara County’s regional auto theft task force. In 2019, he was involved in an investigation of Christy Reiken, who was “renting vehicles under false pretense[s] or with basically someone else’s identification. A fraud rental is what we call it.” Officer Correia testified Reiken rented a Chevrolet Suburban SUV from the Enterprise Rent-A-Car (Enterprise) office at the San Jose Airport, using the identification of Natalie Gallegos; she was alone when she rented the vehicle. The vehicle was reported stolen in early April 2019, and the OnStar system was used to track it to a parking structure at the San Jose Airport. Correia provided pictures of Reiken to Enterprise so that she could not rent another car. Rental of the Mustang On April 3, 2019, a woman who identified herself as “Carol Cooper” rented a 2019 black Ford Mustang convertible from the same Enterprise rental office at the San

1 All further statutory citations are to the Penal Code unless otherwise indicated.