People v. Valencia CA5

Filed 2/25/13 P. v. Valencia 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F064509 Plaintiff and Respondent, (Tulare Super. Ct. No. VCF246808) v.

CHRISTOPHER LEAL VALENCIA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Joseph A. Kalashian, Judge. Jeff Cunan, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

INTRODUCTION Appellant/defendant Christopher Leal Valencia pleaded no contest to two felony counts: second degree burglary (Pen. Code,1 § 459) and grand theft (§ 487, subd. (a)). Thereafter, he received a jury trial on a misdemeanor charge of indecent exposure (§ 314, subd. (a)) and was convicted. He was sentenced to two years in prison. On appeal, his appellate counsel has filed a brief which 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 (Wende).) We will affirm. FACTS2 On the morning of November 5, 2010, defendant entered Quality Jewelers in Visalia. The clerk thought he was acting strange. Defendant asked to see a diamond ring which was in a display case. The ring was worth about $1,000. The clerk removed it from the case and showed it to defendant. Defendant rubbed the diamond ring against his shirt, switched with a ring of his own, and put his own ring back in the display. The clerk chased him, and defendant ran away. Later that afternoon, defendant walked into a dental clinic in Visalia, spoke to the receptionist, and complained of a toothache. The receptionist referred him to another dental clinic. Defendant turned away from her, and moved his hands as if he was trying to raise the zipper on his pants. Defendant then turned around to face the receptionist. He had lowered his zipper and exposed his sexual organ. When another clerk confronted defendant, he went down to the floor, grabbed his crotch, groaned, and crawled out of the clinic.

1 All further citations are to the Penal Code unless otherwise indicated. Given the combination of defendant’s felony pleas and the trial on the 2 misdemeanor count, the facts are taken from both the trial and the preliminary hearing.