People v. Tveretinov CA3

Filed 8/30/23 P. v. Tveretinov CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (El Dorado) ----

THE PEOPLE, C097766

Plaintiff and Respondent, (Super. Ct. No. P21CRF0477)

v.

MICHAEL TVERETINOV,

Defendant and Appellant.

Defendant Michael Tveretinov appeals from a restitution order following his convictions for unlawfully taking or driving a vehicle and fleeing a pursuing peace officer in willful or wanton disregard for the safety of persons or property. Appellate counsel filed a brief raising no arguable issues under People v. Wende (1979) 25 Cal. 3d 436 and asking this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. Because this is not defendant’s first appeal as a matter of right, we are not required to independently review the record in

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these circumstances. (See, e.g., People v. Delgadillo (2022) 14 Cal.5th 216, 226; People v. Flores (2020) 54 Cal.App.5th 266, 268.) However, our discretionary review of the record reveals no meritorious issues. We therefore affirm the restitution order. BACKGROUND In July 2021, defendant and another man stole a Toyota Tacoma owned by William Alvarado and a “tiny home” owned by Susan Hanrhan from a storage facility on Latrobe Road in El Dorado County. Two days later, the Tacoma was observed at defendant’s residence and a traffic stop was initiated after he drove the truck away. A high-speed chase ensued and defendant was ultimately arrested. The truck was returned to Alvarado, but had significant damage. The tiny home was not recovered. In August 2022, defendant entered no contest pleas to one count of unlawfully taking or driving a vehicle and one count of fleeing a pursuing peace officer in willful or wanton disregard for the safety of persons or property; he also admitted an allegation that he was previously convicted of a strike offense within the meaning of the Three Strikes law. In accordance with the plea agreement, additional charges were dismissed and defendant was sentenced to a stipulated sentence of four years eight months (32 months for the evasion offense, plus 16 months for the unlawful taking or driving, plus eight months previously imposed for an unrelated offense in a Sacramento County case). In November 2022, a contested victim restitution hearing was held. Defendant’s presence was waived pursuant to Penal Code section 977.1 At the hearing, the prosecution presented testimony from Hanrhan regarding the value of her tiny home. The prosecution also presented testimony from Alvarado regarding the extent of the damage done to his Tacoma. Alvarado’s testimony was corroborated by documentary evidence.